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(영문) 대구지방법원 서부지원 2019.05.23 2017고정1027
폐기물관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 3,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

An industrial waste discharger shall dispose of wastes generated from his/her place of business by himself/herself, or by entrustment to a person who has obtained permission for waste disposal business, a person who has reported waste disposal, a person who has installed and operates waste disposal facilities, a person who has obtained permission for construction waste disposal business

Nevertheless,

1. On March 7, 2017, Defendant A entrusted the disposal of approximately 14t of industrial wastes, such as waste vinyl, waste lumber, etc., to E and F without obtaining permission for waste disposal business, at the place of business, which is a waste collection and transportation company that he/she operated in Kimcheon-si Kimcheon-si C.

2. Around March 18, 2017, Defendant B entrusted the disposal of approximately 45t of industrial wastes, such as waste synthetic resin and waste vinyl, to E and F without obtaining permission for waste disposal business, at H places of business, a comprehensive waste recycling business entity that he/she operated in Seongbuk-gun G, Seongbuk-gun.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol on I, J, F, E, K, L, or M;

1. Application of Acts and subordinate statutes to an investigation report (as to a suspect L, N letters, and contents of O message, etc.), an investigation report (as to a suspect L and P President telephone contents, etc.), an investigation report (as to execution, reply, etc. of a warrant of search, seizure and verification (2017-455) and an investigation

1. Article 65 Subparag. 11 of the former Wastes Control Act (amended by Act No. 14783, Apr. 18, 2017); Articles 65 Subparag. 11 and 18(1) of the former Wastes Control Act; the selection of fines

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is recognized that the Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the considerable amount of waste disposed of by the Defendants in an unlawful manner, and Defendant B has the record of being punished for the same kind of crime.

However, there is no record that Defendants are against themselves, and there is no history of punishment heavier than fines, and Defendant A is a criminal defendant.

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