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(영문) 대구지방법원 경주지원 2019.07.25 2019고단258
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 15, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Wastes Control Act at the Daegu District Court and its Daegu District Court racing support for the six-month period, and the said judgment became final and conclusive on November 23, 2018 and is still under suspended sentence.

【Criminal Facts】

Any person who is ordered by the competent authority to take necessary measures, such as waste disposal, shall implement such measures.

The Defendant, around November 1, 2018, from the racing market to January 31, 2019, properly disposes of approximately 375 tons of wastes that are improper in the racing market, from January 31, 2019.

“A person who received an order to take measures to that effect did not properly dispose of wastes until January 31, 2019.

Accordingly, the defendant did not comply with the order of the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Accusation (public question) against any violator of the Wastes Control Act - Written accusation, written statement, written confirmation, written confirmation, photographic site, notification of any administrative disposition and any order to take any administrative disposition;

1. Application of Acts and subordinate statutes to investigation reports (a report on the confirmation of the same type of electric power and probation period);

1. It gives considerable damage to surrounding environments by failing to comply with an order issued under Article 65 subparag. 23, Article 48 subparag. 23, and Article 68 subparag. 2 of the Wastes Control Act (the non-compliance of an order to take measures), and Article 375 tons of wastes for the reason of sentencing selective to imprisonment with labor, although it was ordered to take measures for the wastes

Despite repeated orders to take measures, the Defendant did not properly treat wastes in face-to-face face with many doping systems.

Recently, even though some wastes have been properly treated, there are still many kinds of wastes neglected.

Other circumstances revealed in the trial process, such as the age, character and conduct, the environment, the background of the crime, and the circumstances after the crime, etc., shall be determined as ordered.

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