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(영문) 춘천지방법원 2014.09.25 2014고정380

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 2013, the Defendant: (a) put in 30 kilograms of business site wastes mixed with tampers, designated wastes, such as tinboards, and oil asbestos tent, into 2,000 kilograms (kg) around 30,00, instead of a place or facility installed by the head of Hongcheon-gun for waste collection by Hongcheon-gun; and (b) put them into c0,000 kilograms of waste.

As above, the Defendant dumped commercial wastes into a place other than a collection place.

2. From December 17, 2010 to November 201, the Defendant collected and transported designated wastes by using the freight cars owned by the Defendant without obtaining permission from the Minister of Environment for waste collection and transportation from around December 17, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A public official E statement;

1. Application of Acts and subordinate statutes to field photographs, general certificate of asbestos inspection, business trips;

1. Article 64 Subparag. 1, Article 25(3), Article 63 Subparag. 1, and Article 8(1) of the Wastes Control Act (amended by Act No. 12321, Jan. 21, 201);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant has not been punished by a fine on four occasions from 1980 to 1985 due to fraud, etc.; (b) there are no other criminal records or criminal records of the same kind; (c) the Defendant reflects his/her mistake; (d) the degree of the Defendant’s offense; and (e) the degree of