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(영문) 광주지방법원 순천지원 2017.02.15 2016고단2359
폐기물관리법위반
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, from December 2015 to May 2016, the Defendant buried approximately 20 cubic meters of the waste fishing net, etc., in the land owned by D located in Bosung-gun, Namsung-gun, a place of business, in which the Defendant buried in approximately 20 cubic meters.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Each police statement made to E, F, G, and H;

1. A report on results of a business trip and on-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 63 of the relevant Act and Articles 63 and 8 (2) of the Waste Management Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment is determined as ordered in consideration of the favorable circumstances such as the disposal of wastes illegally for a considerable period of time for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the transfer thereof is relatively large, etc., but the defendant recognized and reflects the crime, the fact that the wastes buried have made substantial efforts to restore the reclaimed land to its original state, the fact that the latter is in a relationship of latter concurrent crimes with the road traffic laws for which the judgment became final and conclusive, and other favorable conditions of sentencing.

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