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(영문) 제주지방법원 2017.02.08 2016고단1235
폐기물관리법위반
Text

Defendant

A Imprisonment with prison labor and fines of 20,000,000 won, Defendant B and C shall be punished by each fine of 5,000,000 won.

(b).

Reasons

Punishment of the crime

No person may reclaim wastes in any place other than waste disposal facilities.

Defendant

A is a de facto manager of the land on the 4,955 square meters of G located in Seopopopo-si, Seopo-si (hereinafter “instant land”), and Defendant B and Defendant C are a fluoring engineer.

Defendant

A, on June 10, 2015, the first instance court ordered Defendant B and Defendant C, the chief executive officer of H Research Institute, to sell waste asbestos, waste slate, waste coal, waste coal, waste timber, waste timber, waste timber, and waste timber accumulated on the instant land to the ground under the order of Defendant B and Defendant C, while conducting a site stop work for the construction of the H Research Institute, which is serving as the chief executive officer. Defendant B and Defendant C, according to the order of Defendant A, sold the land to the ground and covered the said soil again by gathering waste from June 10, 2015 to June 17, 2015.

As a result, the Defendants conspired to bury approximately 363,47 tons of industrial wastes such as waste asbestos, waste slate, waste coal, waste coal, and waste wood in a place other than waste disposal facilities.

Summary of Evidence

1. The Defendants’ respective legal statements (Defendant B and C were led to confession on the date of the first public trial, and Defendant A led to confession on the fifth public trial day, each of which was permitted to amend the indictment).

1. Each legal statement of a witness I, J and K;

1. Written accusation of the Seopo Market, J’s written statement, photograph, data, a written report on a construction waste disposal plan, a certificate of self-report on the discharge of industrial wastes, a general building ledger (A), a waste disposal certificate, a document of self-delivery for transport, the details of measurement at the emission site;

1. A copy of a certificate of identification number (H), information on completion of registration, notice of completion of registration, construction contract, copy of H budget calculation, and copy of the work log;

1. Investigation report (a confirmation of the receipt details of daily allowances for excavated articles B. 3.5 million won), investigation report (a confirmation of the receipt details of daily allowances for excavated articles C. 4.1 million won, evidence 2.36 pages);

1. On-site photographs;

1. A warrant of search and seizure, a protocol of search and seizure, a list of seizure, evidence of seizure, and a protocol of inspection;

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