Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

No person shall reclaim or incinerate wastes at a place other than a waste disposal facility that has not obtained permission or approval pursuant to the Wastes Management Act.

Nevertheless, from July 11, 2016 to July 19, 2016, the Defendant removed the fences and toilets installed on the land located on the riverwon-gun C and D, Gangwon-do, and the Defendant buried approximately 18 tons of the remaining wastes after reclaiming them.

Accordingly, the Defendant buried industrial wastes in a place other than the designated place or facility.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A copy of a fact-verification (F on May 31, 2017);

1. Court rulings (Law No. 2017, decided 736, E);

1. A copy of the on-site photograph [the defendant buried wastes under the direction of the construction owner E and does not reach 18 tons of the transfer thereof;

The argument is asserted.

However, in full view of the circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., the Defendant was indicted on the charge of violating the Wastes Control Act that he had ordered the Defendant to reclaim wastes as stated in the facts charged in the instant case, but the Defendant was acquitted on the ground that E cannot be acknowledged as having ordered the Defendant to reclaim wastes (defensive District Court Decision 2017Da7366), ii) the construction owner E appears to have no reason to reclaim wastes in the land where he would build a new building, and iii) the Defendant was investigated about about about 18 tons of the quantity of wastes buried in the instant case as a witness in the instant case, and the Defendant acknowledged the fact that he buried 18 tons of wastes while making a statement as a witness in the instant case.

Application of Statutes

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;