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(영문) 창원지방법원 통영지원 2017.11.28 2017고정358
폐기물관리법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who engages in the business of repairing agricultural machinery.

No person shall reclaim or incinerate wastes in any place other than those permitted or approved by, or reported to, an administrative agency pursuant to relevant Acts.

Nevertheless, at around 16:30 on June 28, 2017, the Defendant buried waste blocks and waste concrete and other business sites without obtaining approval or permission from a high-level nuclear power plant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a charge and a report on investigation results;

1. Article 63 of the relevant Act concerning facts constituting an offense and Articles 63 subparagraph 2 and 8 (2) of the Waste Management Act that choose a penalty.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized and reflected, the fact that there is no record of punishment for the same kind of crime, and other various conditions of sentencing, including the defendant’s age, health status, motive for the crime, and circumstances after the crime, etc., are determined as the same as the disposition.

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