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(영문) 춘천지방법원 영월지원 2015.11.06 2015고단281
폐기물관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of two million won.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates the (ju) apartment remodeling construction work in Taekk-si.

The Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person to take necessary measures, such as changing the methods of waste treatment, the disposal of wastes, the suspension of the disposal of wastes, or the bringing-in of wastes, if wastes are disposed of in violation of the Wastes Control Act or

The Defendant: (a) neglected to leave the construction waste 30 tons and two tons of asbestos wastes (total volume of 1,280 cubic meters) generated in the process of the said construction; and (b) reported that he/she would entrust the disposal of the said wastes to a waste disposal business entity within Thai City by November 22, 2013; but (c) neglected to dispose of the said wastes by November 22, 2013 until the expiration of the reporting period and neglected to dispose of the wastes until July 8, 2014; and (d) failed to comply with an order issued to take measures for the disposal of wastes, notwithstanding the fact that the Defendant was ordered to dispose of the wastes by the end of the reporting period.

2. Defendant (State)B committed the above violation in relation to Defendant A’s duties at the above date, time, and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of D and E;

1. Application of accusation forms, on-site photographs, written confirmations, orders to take measures against waste treatment, and demand for implementation statutes;

1. Defendant A of the pertinent law on criminal facts: Article 65 subparagraph 10 of the Wastes Control Act and Article 48 (Selection of Imprisonment): Article 67, Article 65 subparagraph 10 of the Wastes Control Act and Article 48;

1. Defendant A who is under the suspension of execution: Article 62 (1) of the Criminal Act (including the fact that the wastes are in progress, the fact that there is no same criminal record, and the period and quantity of the wastes disposal);

1. Defendant B corporation: Article 334 (1) of the Criminal Procedure Act;

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