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(영문) 청주지방법원 충주지원 2012.03.16 2011고단689
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a real operator of E in Chungcheongnam-gun, Chungcheongnam-do.

No person shall reclaim wastes in any place other than a waste disposal facility permitted, approved, or reported.

Nevertheless, around January 2008, the Defendant: (a) moved a factory in the FF in the Chungcheong Telecommunication to D factory; (b) used industrial wastes, such as lids, tents, plastic bags, etc.; and (c) dormitory facilities and dormitory facilities in the factory; and (d) buried in a b0-ton bank after a factory, not waste disposal facilities, using PVC facilities, pipes, and waste concrete, which were generated from the string construction of the floor; and (b) buried in a 20-year bank.

Accordingly, the Defendant buried wastes in a place other than waste disposal facilities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness G, H, I, and J;

1. Each legal statement of witness K and L;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning G and M;

1. Each prosecutor's protocol of statement concerning N;

1. A written statement of the G production;

1. Report on the results of an on-site investigation into illegal reclamation of each waste (excluding H and I statements);

1. Approval or notification of factory enlargement, or approval of factory enlargement;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 63 of the Wastes Control Act and Articles 8 (2) of the same Act concerning the applicable criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act;

1. Determination as to the defendant's assertion of Article 62-2 of the Criminal Act regarding probation and community service order

1. The gist of the Defendant’s assertion lies in the fact that a number of trees, miscellaneous waste, etc. were laid behind the factory in the process of relocating the factory, but there was no fact that the Defendant illegally buried waste of 20 tons, such as industrial wastes, such as lids, tents, plastic bags, pipes, and waste concrete, etc.

2. In full view of the following circumstances admitted by each of the above evidence, the Defendant’s excessive lids, tents, and plastic bags, etc., are industrial wastes or pipes.

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