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(영문) 울산지방법원 2018.04.18 2018고정178
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant partially revised the facts charged and recognized it as criminal facts to the extent that it does not interfere with the exercise of the Defendant’s right to defense against the general manager for overall operation of the business site of Yeongdeungpo-gu Seoul Metropolitan Government C.

Co., Ltd. is a corporation that engages in the management business, etc. of cokes and steam supply facilities as fuel for steam production, and is under management by being awarded a contract for the overall operation of the business place of Co., Ltd. D.

A business operator who discharges designated wastes prescribed by Ordinance of the Ministry of Environment shall submit relevant documents to the Minister of Environment before treating such designated wastes.

Nevertheless, on August 30, 2017, the Defendant did not submit documents related to designated waste treatment at the place of business D Co., Ltd. located in Yangsan-si E, to obtain confirmation from the Minister of Environment, and disposed of 7.18 tons of dust, which is designated wastes as prescribed by Ordinance of the Ministry of Environment.

Summary of Evidence

1. A written confirmation of violation of the defendant's legal statement;

1. Application of Acts and subordinate statutes to examination marks;

1. Article 66 of the relevant Act and Articles 66 and 17 (3) of the former Waste Management Act (Act No. 14476) that choose the penalty for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act were all recovered and disposed of in accordance with the procedures prescribed in the Waste Management Act, and the Defendant’s first offence is against the law.

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