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(영문) 인천지방법원 2019.06.13 2019고단2883

폐기물관리법위반

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the Minister of Environment or a Mayor/Do Governor.

Nevertheless, the Defendant, from July 2018 to August 2018 of the same year, leased each factory building located in Seo-gu, Seo-gu and Dong-gu, Incheon, and without obtaining permission from the competent authority, collected and transported wastes of a total amount of 1,117 tons, including transport of 127 tons of controlled wastes, such as liquid waste synthetic high molecular compounds, discharged from E companies located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and from that time, from January 2019 to January 2019.

Accordingly, the Defendant did waste disposal business without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol of F, G, H, I, J, K, L, or M;

1. Statement of each police statement on N,O, P, and Q;

1. Request to investigate each violation of the Wastes Control Act;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 64 subparagraph 5 of the Wastes Control Act and Article 25 (3) of the same Act concerning facts constituting an offense and the selection of imprisonment with labor;

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

1. An unfavorable circumstance for sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime is committed with no permission in violation of the purpose of legislation of the Wastes Control Act with a view to properly treating wastes and contributing to preserving the environment and improving the quality of the people's lives. The quantity of stored wastes is not large, and the nature of the crime is not good in consideration of the type of stored wastes.

The favorable circumstances: Recognizing the crime of this case, it is against the law.

There is no history of punishment for the same previous department.

The 900 tons of the stored wastes have been recovered from the entrusting company and disposed of lawfully, and the rest of the wastes has also been disposed of through the legitimate disposal company.