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(영문) 창원지방법원 통영지원 2016.11.29 2016고정583
폐기물관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around October 2015, the Defendant damaged the victim’s property to the extent of KRW 4 million in repair cost by making use of a sckeer’s boundary block (a height of 1.5m, width of 2m) and front mast (6m, width of 1.5m) owned by the victim C, installed there, at a Tong-si, Tong-si, and around October 2015.

2. No person who violates the Wastes Control Act shall reclaim or incinerate wastes in any place other than the waste disposal facilities permitted, approved or reported under the Wastes Control Act;

Nevertheless, the Defendant, as a construction business entity, buried waste, such as waste block, waste sunlight, waste concrete, etc. generated from neighboring housing construction works, into the ground, from November 11, 2015 to February 5, 2016, in a common city B marina owned by C, not waste disposal facilities, from November 1, 2015 to February 5, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Application of the Acts and subordinate statutes to estimate, letter of undertaking, certificate of waste transfer, certificate of confirmation of waste disposal plan, details of waste transfer, construction waste discharge and disposal report;

1. Relevant Article 36 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 63 subparagraph 2 of the Wastes Control Act, Article 8 (2) of the Wastes Control Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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