폐기물관리법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall reclaim or incinerate wastes at a place other than a waste treatment facility permitted, approved, or reported pursuant to the Waste Management Act.
Nevertheless, around January 3, 2016, the Defendant buried construction wastes of 23.250 tons on the land owned by the Defendant, which occurred after removing the fence and gate of the Defendant’s housing owned by the Defendant, D, and E.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);
1. Article 63 of the relevant Act and Articles 63 subparagraph 2 and 8 (2) of the Waste Management Act, the selection of fines concerning facts constituting an offense, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The quantity of buried wastes is not a large amount of quantity.
The favorable circumstances: The mistake is recognized, and is against it.
It implemented restoration measures such as collecting wastes buried without permission.
In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.