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(영문) 수원지방법원 2014.02.19 2013고단6682
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall commit an act of dumping or reclaiming wastes in any place other than the waste disposal facilities permitted, approved or reported.

1. Nevertheless, from January 6, 2011 to March 27, 2011, the Defendant buried approximately KRW 832 cubic meters of inorganic contamination, which is commercial wastes generated by the Defendant, a aggregate business entity run by the Defendant, which was located in the wife population D, into the site of a factory construction project in progress in F.

2. On January 1, 2013, the Defendant buried approximately 1150 cubic meters of inorganic contamination, which is a business site waste generated from the said E Co., Ltd., in the forest and farmland located in the said G G, from the first patrolman.

3. Around January 15, 2013, the Defendant buried, without permission, approximately 130 cubic meters of inorganic sludge, which is a commercial waste generated from the said E Company, on the land located in the foregoing H Large Land.

4. On October 5, 2013, the Defendant dumped approximately KRW 200 cubic meters of the inorganic waste, which is a workplace waste generated from the said E Company, into the land located in the foregoing H Japan without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutorial statement concerning I;

1. Application of a written accusation, a written confirmation of each violation, and statutes on site photographs;

1. Articles 63 and 8(1) and (2) of the former Wastes Control Act (amended by Act No. 11914, Jul. 16, 2013); the choice of imprisonment for a crime

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

1. The sentence like the order was determined in consideration of all favorable circumstances for the defendant, such as the fact that there was a same record of sentencing under Article 62(1) of the Criminal Act, and that the circumstances unfavorable to the defendant were restored to their original state, and that the defendant reflects his gender, etc.

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