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(영문) 대구지방법원 2017.09.14 2017고단3026

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

A person subject to an order issued by the competent authority to change the methods of waste treatment under the Wastes Control Act, or to suspend the disposal of wastes, the disposal of wastes, the suspension of the disposal of wastes, or the bringing-in thereof, within a specified period on the ground that the wastes have been disposed of or disposed of in a manner inconsistent

On December 12, 2016, the Defendant did not comply with an order issued on December 12, 2016 to lawfully dispose of daily wastes, such as waste air conditioners, left alone at the same workplace from the Youngcheon City mayor around October 12, 2016, even though he/she received an order to take measures to legally dispose of the wastes by December 10, 2016, such as waste air conditioners, etc. left the said workplace from the Youngcheon City mayor around October 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Written charge, written statement of public official in charge, waste disposal order, or administrative disposition order;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts and Articles 65 subparag. 23 and 48 of the Preliminary Waste Management Act, and the selection of a fine (a crime that fails to comply with an order to take measures to dispose of another person during the period during which the execution of the order is suspended, and there are reasons to be taken into account in the course of the crime, such as the nature of the crime, the criminal defendant's failure to comply with the order to take measures to dispose of the same person's waste, the criminal defendant's failure to operate his/her business, etc., leading to the crime, etc.; the fact that the relevant factory purchaser was removed

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;