logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.06.01 2015고정1143
폐기물관리법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person in charge of management of D who has obtained permission for comprehensive waste recycling business in Seo-gu Incheon Metropolitan City.

No one shall dump industrial wastes in any place other than those prepared by a Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, or a park or road manager

Nevertheless, at around 06:00 on May 17, 2015, the Defendant laid down a considerable of 100 tons of organic waste, which is a place of business that did not perform normal recycling treatment in D, on the site located in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the response to the request for appraisal;

1. Entry of a reply for cooperation in investigation affairs (No. 2 No. 5 of the evidence list);

1. Each of the Acts and subordinate statutes applicable to a criminal investigation report (in cases of attaching wastes to the site photographs of the site), a criminal investigation report (in cases of a mixture of vegetable residues and sludge in D), a criminal investigation report (in cases of attaching photographs of production processes of the same company as the company in the G), a criminal investigation report (in cases of site investigation and photographing of wastes), a criminal investigation report (in cases of submission of materials of Hsan Factory), and photographs attached to a criminal investigation report;

1. Article 63 of the relevant Act and Articles 63 subparagraph 1 and 8 (1) of the Waste Management Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The Defendant does not have any record of punishment for the same kind of crime: The instant crime is deemed to be disposed of in large quantities with the knowledge that he/she intended to commit the instant crime even though he/she knew that he/she was a workplace waste, and the quality of such crime is not good. In full view of the various circumstances as seen below, even if he/she can be sufficiently recognized, the Defendant does not recognize the Defendant’s fault, and as a whole, takes into account the circumstances under Article 51 of the Criminal Act, such as the quantity of the instant waste.

arrow