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(영문) 인천지방법원 부천지원 2018.05.02 2018고정60

폐기물관리법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes (hereinafter referred to as "waste treatment business") shall submit a waste treatment business plan to the Minister of Environment or the Mayor/Do Governor to obtain notification of the suitability as prescribed by Ordinance of the Ministry of Environment, and thereafter obtain permission from the Minister of Environment or the Mayor/Do Governor, after being equipped with the facilities, equipment, and technical capabilities in compliance with the standards prescribed by Ordinance

Nevertheless, from November 2016 to the present date, the Defendant collected, transported, and recycled waste synthetic resin, etc. without obtaining permission from the competent administrative agency from his/her place of business in Kimpo-si, Kimpo-si, and operated waste treatment business.

[Defendant’s assertion to the effect that his collection and transport did not constitute wastes, and thus, it is not subject to permission. However, according to the evidence below, the Defendant’s argument cannot be accepted.

Summary of Evidence

1. Partial statement of the defendant;

1. Photographss, copies of business registration certificates, and field photographs related to the violation;

1. Fact-finding (Cheongpo-si Office);

1. Application of Acts and subordinate statutes to investigation reports (report on detection of violation of the Wastes Control Act);

1. Article 64 of the relevant Act and Articles 64 subparagraph 5 and 25 (3) 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. The sentencing period, size, motive of the sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that there was a record of being punished for the same kind of crime in 2012, and the sentencing conditions indicated in the record, including the defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined by comprehensively taking account of the following factors.