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(영문) 대전지방법원 서산지원 2013.07.12 2013고정59
폐기물관리법위반
Text

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

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is a lessee and manager of the D C C C C's frown-gun, Chungcheongnam-gun, and the defendant B is an operator of D's frown-gun, D's frown-gun.

1. No person who has obtained permission or approval, or who has filed a report shall reclaim wastes in any place other than waste disposal facilities;

Nevertheless, from June 3, 2012 to December 12:00 of the same day, Defendant A buried approximately 8.04 tons of waste asbestos slate, as shown in the annexed Table of crime, in three places where, according to Defendant B’s instruction, waste asbestos slate, designated wastes, was cut in E and F inside the Dam Ma-gun, Chungcheongnam-gun, Chungcheongnam-gun, Taenam-gun, for the purpose of cutting off the waste asbestos slate, and then buried waste asbestos slate in total at three places in total by covering the soil above.

2. Defendant B, who employed Defendant A, neglected to exercise due diligence and supervision over Defendant B’s business affairs, and caused Defendant B to perform the act described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G and H;

1. Evidentiary photographs;

1. The application of Acts and subordinate statutes to the storage of liver water and the indication of illegally buried locations in the Dazitis;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 63 and 8(2) of the Wastes Control Act;

(b) Defendant B: Articles 67, 63, and 8(2) of the Wastes Control Act

1. Selection of each alternative fine for punishment;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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