beta
(영문) 의정부지방법원 2019.04.26 2019고단258

폐기물관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the competent authorities.

Nevertheless, the Defendant, without obtaining permission from the competent authority from February 2018 to September 14:00, 2018, performed waste disposal business by collecting and transporting approximately 10 to 500,000 won per 5 tons of truck under the pretext of disposal costs for wastes, such as waste wood, waste synthetic resin, waste paint, etc., from the construction sites and furniture factories located in Yangyang-si and Pocheon-si B, and household factories.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Statement of the accuser;

1. On-site satellite photographs;

1. Application of statutes on site photographs;

1. Article 64 of the Wastes Control Act and Articles 64 subparagraph 5 and 25 (3) of the same Act and the selection of penalty for a crime;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Criminal Act is to operate a waste treatment business without permission in violation of the purpose of legislation of the Wastes Control Act, which aims to contribute to environmental conservation and qualitative improvement in the

Such crimes are not punishable because they seriously disrupt the environment-friendly and efficient disposal system of wastes to be achieved through the examination and permission for waste disposal business, which seriously disrupts the relevant provisions of the Wastes Control Act that aim to examine the eligibility of a person who intends to operate a waste disposal business in the process of permission for waste disposal business, conflicts with the laws such as the location of waste disposal facilities, compliance with the criteria for permission for facilities, equipment and technical capacity, and impact on the surrounding environment.

The crime of this case shall be committed without permission by the defendant, and the quantity of wastes stored therein shall be significant.