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(영문) 의정부지방법원 2018.04.17 2018고정371
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who engages in a waste recycling business (water shop) in the name of "C" in both weeks.

Where wastes are disposed of in a manner inconsistent with the standards and methods prescribed by Presidential Decree, the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person who disposes of such wastes to take necessary measures, such as change of the method of disposal, suspension of disposal or bringing in of wastes, fixing a period, and

Nevertheless, from January 7, 2017 to September 7, 2017, the Defendant failed to comply with the order to remove the relevant wastes from both owners’ viewing to the effect that the Defendant neglected approximately 5-10 tons of mixed wastes, such as waste synthetic resin, to the above “C,” despite the order to remove the relevant wastes from their viewing to September 7, 2017.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant;

1. A written accusation, a written statement, a report on results of an official trip, a prior notice of administrative disposition, an order to take measures to remove wastes, a report on the results of an official trip, and a current status of delivery

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Article 65 Subparag. 23 and Article 48 Subparag. 1 of the former Waste Management Act (Amended by Act No. 14783, Apr. 18, 2017); the choice of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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