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(영문) 인천지방법원 부천지원 2012.12.06 2012고정1623
폐기물관리법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant is a person operating a personal place of business for the purpose of waste treatment business with the trade name of Kimpo-si B, and anyone who intends to engage in the business of collecting, transporting, or disposing of wastes is required to obtain permission from the Mayor/Do Governor for each type of business with facilities, equipment, and technical capacity in accordance with the standards prescribed by Ordinance of the Ministry of Environment, but he/she operates a waste treatment business by collecting waste synthetic resin, etc. from October 2, 201 to May 31, 2012 without permission from the competent administrative agency within Kimpo-si C, Kimpo-si, and then

2. According to the records of this case, it is reasonable to view that the Defendant installed the compressed System 100 macul1, which is a waste disposal facility used in compressing waste packaging materials within the place of business located in Kimpo-si, Kimpo-si, on June 21, 2012, at around October 2011, the Defendant issued a summary order of KRW 2 million in violation of Article 66 subparag. 11 and Article 29(2) of the Wastes Control Act and confirmed on July 6, 2012. As such, it is reasonable to view that the facts charged of this case and the facts charged of the above summary order are identical in that the same Defendant intended to operate the waste disposal business by installing the same facility at the same time and at the same place, and thus, it is reasonable to view that the res judicata effect of the above summary order also affects the facts charged of this case.

If so, as to the facts charged of this case, a judgment of acquittal shall be rendered in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act because it constitutes a final judgment.

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