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(영문) 의정부지방법원 고양지원 2015.04.30 2014고단3050

폐기물관리법위반

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A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2014 Highest 3050] The defendant is the representative of Category C who obtained permission for the business of crushing aggregate in Category B at the time of Pakistan.

An industrial waste discharger who discharges inorganic sludge shall retire wastes generated from his/her place of business or make a duplication of not more than 85 percent of water content, and entrust the disposal business entity who has obtained permission to dispose of such wastes by reclaiming them in a managed landfill facility by himself/herself.

Nevertheless, from August 30, 2014 to August 31, 2014, the Defendant illegally disposed of inorganic sludge generated in the process of sand production D, E, and E, 25 tons x 30 tons x 750 tons of wastes by reclaiming them in an appropriate way, or without entrusting the disposal of them to a waste disposal business entity.

[2015 Height 113] The defendant is the representative of C who obtained permission for the business of manufacturing aggregate scrap in B at the time of sowing.

An industrial waste discharger who discharges inorganic sludge shall retire wastes generated from his/her place of business or make a duplication of not more than 85 percent of water content, and entrust the disposal business entity who has obtained permission to dispose of such wastes by reclaiming them in a managed landfill facility by himself/herself.

Nevertheless, around November 25, 2014, the Defendant buried 10 lux 10 lux 50 lux 50 lux 50 lux in the Pacific City F, thereby disposing of the inorganic sludge, which is a waste, in an appropriate way, or without entrusting the waste disposal business with the disposal business.

Summary of Evidence

[2014 Highest 3050]

1. Defendant's legal statement;

1. A written accusation;

1. G statements;

1. Certificates of report or business registration certificate for industrial waste discharger;

1. On-site photographs (2015 Godan113);

1. Defendant's legal statement;

1. A written accusation;

1. G statements;

1. A criminal investigation report (Hearing of the complainants' statements) and his/her superior evidence;

1. Business registration certificate;

1. Application of statutes on site photographs;

1. Article 65 subparagraph 2 of the Wastes Control Act and Article 65 of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;