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(영문) 수원지방법원 2020.12.16 2020고단5189
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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

The Minister of Environment, a Mayor/Do Governor or the head of a Si/Gun/Gu may order a person who has been ordered to take necessary measures, such as change of the methods of disposal, suspension of disposal or bringing in of wastes, within a specified period when he/she has disposed of or reclaimed wastes in violation of the Wastes Control Act, and the person

The Defendant, without a license for waste treatment business, stored wastes on the secondhand site B in violation of the Act in an improper manner. On May 8, 2020, the Defendant failed to comply with the above order to take measures until June 15, 2020, when he received an order to take measures for waste treatment from the chemical market to dispose of approximately 30t of industrial wastes (waste synthetic resin, etc.) stored in the above site.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the written accusation, on-site photographs, and the written order of administrative disposition (the fourth order of measure);

1. Article 65 of the Wastes Control Act and Articles 65 subparagraph 23 and 48 of the same Act and the choice of imprisonment with prison labor concerning criminal facts;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, failed to comply with the fourth order for the suspension of execution, even though he/she was punished by a fine of five times from 2015 on account of nonperformance of the order to take

There are a lot of transfers of wastes in bulk.

However, the defendant recognizes the crime of this case and reflects it.

The defendant has completed his restoration to original state.

There is no criminal offense beyond a fine against the defendant.

In addition, the defendant's age, character and conduct, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc. of the crime in this case and the conditions of all the sentencing as shown in the pleading shall be determined as per the order.

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