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Defendant
A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is the representative director of the defendant B, who is the vehicle scraper of aggregate located in Gun C.
1. No person who has obtained permission, approval, or reported pursuant to the Waste Management Act shall reclaim or incinerate wastes in any place other than waste disposal facilities;
Nevertheless, on July 5, 2020, the Defendant moved to the dump truck from around 600 cubic meters of the business site waste in which the business site was generated from the aggregate sorting line of the company B, and buried the dump truck on the land north west, Gun, which was not a waste disposal facility permitted, approved, or reported pursuant to the Waste Management Act, around 09:00.
2. Defendant B, a representative of the Defendant, committed the same offense as that of the Defendant’s business as that of the Defendant.
Summary of Evidence
1. Defendants’ legal statement
1. Application of Acts and subordinate statutes concerning filing of an accusation, a written statement, and photographB business registration certificate;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Article 63 subparag. 2 of the Waste Management Act and Article 8 subparag. 2 (Selection of Penalty) of the same Act;
(b) Defendant B: Articles 67, 63 subparag. 2, and 8(2) of the Waste Management Act; Defendant A at a workhouse; Articles 70(1) and 69(2) of the Criminal Act
1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, each of the criminal orders for provisional payment: Defendant A committed the instant crime even though he/she had the record of being punished for the same kind of crime.
The defendants recognize the crime of this case.
The illegal reclaimed land of this case was restored to its original state.
In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.