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(영문) 대구지방법원 서부지원 2020.05.07 2019고단2279
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the foregoing C with the trade name of “C” in Daegu-Sast Group B, with permission for intermediate waste recycling business and comprehensive waste recycling business.

A person discharging industrial wastes shall directly dispose of wastes generated from his/her place of business or entrust the disposal of wastes to a person who has obtained a license for waste disposal business, a person who has reported waste disposal, or

Nevertheless, from August 11, 2016 to December 30, 2016, the Defendant entrusted the disposal of approximately 290 tons of waste made from Daegu-gun-gun to D without obtaining permission for waste disposal business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of each protocol of suspect examination of the police about D;

1. Each police statement of E;

1. Investigation report (the statement by G competent officer in charge of the F in the Mealth Military Office), investigation report (the provisions of Article 18(3) of the Wastes Control Act), investigation report (the verification of details of entry into the A A system), investigation report (the verification of kinds of wastes by hearing the suspect's telephone statement);

1. Data on measurement and certificate of report filed by a C discharger attached to the data on the copies of the written complaint, the data on measurement attached to the data on copies of the written complaint;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 65 subparagraph 11 of the Wastes Control Act and Articles 18 (1) of the same Act concerning the applicable criminal facts and the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant entrusted an unauthorized waste treatment business entity with the disposal of approximately 290 tons of waste, and the fact that the crime is not good.

However, the defendant confessions the crime of this case and repents his mistake, currently he treats the wastes at the expense of the defendant, has no record of being punished for the same kind of crime, and the age, character, character, environment, family relationship, the means and result of the crime.

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