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(영문) 대구지방법원 상주지원 2012.09.18 2012고단165
폐기물관리법위반
Text

The Defendants are not guilty. The summary of the judgment is publicly announced.

Reasons

1. Defendant A of the facts charged in the instant case is a person who operates E (E) a waste intermediate disposal business company located in Gyeonggi-si, and Defendant B is a person who engages in double-generations at the Gyeong-si F, Gyeonggi-do.

In spite of the fact that the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu, or the manager of a facility, such as a park or a road, does not dump wastes in any place or facility other than the one prepared to collect wastes, the Defendants conspired to transport the food waste collected through the above E without going through an interim treatment process, such as building a 9.820 tons of the food waste collected through the above E, and the Defendant B dumped commercial wastes into any place other than those prepared to collect wastes by providing a pool, etc. to the Defendant A by September 28, 2011, as shown in the attached list of crimes, by September 28, 201, each shipment in the attached list of crimes Nos. 3, 15, 23 and Do joint columns, as shown in the attached list of crimes, seems to be a clerical error in light of the evidence such as the investigation record 121 pages.

With a total of 31 times, commercial wastes with a total of 298.24 tons have been abandoned.

2. The facts charged in the instant case pertaining to the facts charged are crimes falling under Articles 63 and 8(1) of the Wastes Control Act and Article 30 of the Criminal Act. Article 8 of the Act prohibits the act of dumping wastes to places other than those stipulated in paragraph (1) or to dispose of wastes without permission under the title of “Prohibition of Dumping Wastes, etc.” and the act of reclaiming or burning wastes without permission under paragraph (2).

With regard to the meaning of the “act of dumping” under Article 8(1) of the Act, Article 2 subparags. 5-2 and 6, and Article 8(1) and (2) of the Act distinguish the “act of collecting, transporting, storing, interim disposing of, or disposing of wastes,” from the “act of dumping wastes at a place other than the designated place or equipment.”

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