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(영문) 창원지방법원 밀양지원 2016.04.19 2016고정38

폐기물관리법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in a company B with the mutual significance of C in smuggling.

1. A person discharging industrial wastes shall entrust the disposal of waste generated from his/her place of business to a person who has obtained permission for waste disposal business, a person who installs and operates waste disposal facilities, a person who has obtained permission for a construction waste disposal business, etc.;

Nevertheless, the Defendant did not entrust construction waste 225 tons, such as waste bricks, and disposed of voluntarily to F in soup, soup, soup, soup, D located at the end of the end of July 2015, while performing construction work for removing the walls and floors of the building.

2. While the owner or manager of a private sewage treatment facility was prohibited from discharging wastewater generated from a building, etc. without flowing it into a private sewage treatment facility, the Defendant removed the treatment facility of sewage installed at the 2015 making soup, around the end of July, 2015, and used a underwater pump owned by the Defendant and discharged it to a neighboring river without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on a written accusation;

1. Article 65 subparagraph 2 of the relevant Act concerning facts constituting an offense, Article 65 subparagraph 2 of the Wastes Management Act, Article 18 (1) (the point of entrustment of the disposal of non-waste-of-business waste), Article 77 subparagraph 7 of the Sewerage Act, and Article 39 (1) 1 (the point of unauthorized disposal of sewage) of the Sewerage Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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