beta
(영문) 대전지방법원 논산지원 2018.01.09 2017고정195

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to treat wastes shall dispose of such wastes in accordance with the standards and methods prescribed by Presidential Decree, and shall not reclaim such wastes.

Nevertheless, on May 2017, the Defendant buried the construction waste (waste concrete, slate) 5,430 km in the process of removing livestock pens from the front end of the Hosan City in the early night.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A certificate, etc. of confirmation of the waste treatment plan (revision);

1. Site for photograph;

1. Application of Acts and subordinate statutes to investigation reports (specific amount of waste treatment);

1. Article 65 Subparag. 1 and Article 13(1) of the former Waste Management Act (Amended by Act No. 14783, Apr. 18, 2017); the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment as set forth in the summary order shall be partially reduced by taking into account the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act reflects the wrongness, the quantity of illegally reclaimed wastes, the restoration to the original state, and the fact that the defendant has no record of the same kind of crime, etc.