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(영문) 부산지방법원 서부지원 2017.05.16 2017고단41
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who engages in waste collection and transportation business, such as money, rains, and waste embankments, under the trade name of "C" in Gangseo-gu Busan Metropolitan City.

A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall submit a waste treatment business plan to the competent administrative agency pursuant to the Waste Management Act and obtain permission after being notified of the suitability.

Nevertheless, on January 2, 2016, the Defendant collected KRW 1,980 gg for meat in the Kupo-si, Busan, or Kim Young-dong on January 2, 2016 without the above permission, or KRW 280 g for meat processing companies to collect KRW 330 g for each km, and transported the feed raw material manufacturing company located in Kimhae-si to 'E' from around that time to December 31, 2016, and collected KRW 280 g for each 386 g for a total of 386 g for transportation, or transported the bones or transported the bones to 'a total of 1,571,460 g for waste transportation, such as waste transportation,' as in the daily list of crimes in the attached Table.

Accordingly, the Defendant run the waste collection and transportation business without obtaining permission.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Statement made by the police with regard to F;

1. C business registration certificate;

1. Application of Acts and subordinate statutes on data purchased;

1. Article 64 of the relevant Act and Articles 64 subparagraph 5 and 25 (3) of the Waste Management Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant collected and transported wastes without permission despite the fact that the Defendant had already been punished for the same kind of crime, and that the Defendant’s quantity of wastes disposed of without permission continues to commit a crime for a considerable and long period of time, etc. are recognized as disadvantageous to the Defendant.

However, the defendant recognized all the facts of the crime of this case and reflects its depth.

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