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(영문) 대구지방법원 상주지원 2017.06.27 2016고단453

건설폐기물의재활용촉진에관한법률위반

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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

Any person who intends to conduct a construction waste treatment business as 453 high group shall submit a construction waste treatment business plan to the Mayor/Do Governor as prescribed by Ordinance of the Ministry of Environment, and obtain permission from the Mayor/Do Governor.

Nevertheless, from January 2014 to July 7, 2016, the Defendant kept approximately 1,00 tons of construction wastes, such as waste concrete, waste board, waste spons, etc., and carried out construction waste treatment business without obtaining permission, at 2,343 square meters in two lots, such as B and C, and at 2,690 square meters in a closed field, and at 2,343 square meters in a closed field.

Any person who intends to discharge, collect, transport, store, or perform interim disposal of construction wastes shall comply with the standards and methods prescribed by Presidential Decree, and when he/she discharges, collects, transports, stores, or interim disposal in breach of such standards, a Mayor/Do Governor or the head of a Si/Gun/Gu may order a person who discharges, collects, transports, stores, or interim disposal of construction wastes to change the methods of discharging, collecting, transporting, storing, or disposing of construction wastes or to take other necessary measures within a fixed period.

The Defendant, from January 8, 201 to July 7, 2016, issued an order to take measures to keep approximately 1,000 tons of construction wastes, such as waste concrete, waste board, and waste spons, on three 2,343 square meters of waste, such as B and C, and three 2,390 square meters of waste bags in the place where the Defendant was permanently residing from July 7, 2016, and did not comply with the order to take measures to lawfully dispose of the entire construction wastes from the resident market until August 10, 2016.

Summary of Evidence

d.2016 high group 453

1. Statement of the defendant in the second public trial records;

1. A protocol concerning the examination of the police officers of the accused;

1. Land register;

1. Details of verification of civil petitions for illegal disposal and storage of construction wastes at the time of residents;

1. Spatial photographs and field photographs of illegal waste treatment sites; hereinafter referred to as "spatial photographs;

1. Statement of the defendant in the third public trial records;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Investigation report (public notice of order to take action at the time of stay; and