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(영문) 대전지방법원 천안지원 2016.07.21 2016고단942
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who exercises overall control over the affairs of the site of removal of buildings in Asan City B.

No person shall reclaim or incinerate wastes at any place other than the waste disposal facilities permitted, approved, or reported by the competent authorities.

Nevertheless, on March 2016, the Defendant buried waste concrete at the site of the removal of buildings located in Asan City B, and at the site of the above construction work, not waste disposal facilities that reported approximately approximately 288.27 tons of waste concrete, generated during the removal by using the cirrator.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the details of detection of C;

1. Statement of the results of business trips;

1. Application of video-related Acts and subordinate statutes to field verification photographs;

1. Relevant Article of the Act and the main sentence of Article 63 (2) and the main sentence of Article 8 (2) of the Waste Management Act concerning facts constituting an offense;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for the suspended sentence) is about 288.27 tons of the waste concrete that was illegally reclaimed by the defendant, and the defendant has a history of punishment four times (one time of suspended sentence of imprisonment and three times of fines) due to the crime of double-class crime; on the other hand, the defendant entrusted the disposal of the waste concrete buried by the defendant to a waste disposal business entity; and on the other hand, the defendant reflects the defendant's age, sexual behavior, environment, etc., and other various sentencing conditions shown in the argument of the instant case, such as the defendant's age, sexual behavior, and environment.

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