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(영문) 창원지방법원 2017.04.21 2016고단4061
폐기물관리법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a waste disposal business entity that has obtained a license for interim waste recycling business in Kimhae-si, and operates a “C” place of business.

A waste treatment business entity shall store wastes in an appropriate place, such as storage facilities or temporary storage facilities approved in the place of business, as prescribed by Ordinance of the Ministry of Environment, and shall not store wastes in excess of the permitted quantity of storage.

Nevertheless, from March 2016 to October 18, 2016, the Defendant kept approximately KRW 1,100 cubic meters (300 cubic meters in cubic meters in cubic meters) of waste, which is a waste entrusted within the said C’s workplace, at a place, other than the permitted storage facility. From May 2016 to October 18, 2016, the Defendant kept approximately approximately KRW 190.4 tons of the permissible waste storage quantity permitted from May 2016 to October 18, 2016, in excess of approximately 374 tons.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (calculated for changing the quantity of improper storage in an outdoor place);

1. A certificate of violation;

1. A copy of a permit for interim recycling business and drawings of storage facilities;

1. Application of statutes on field photographs;

1. Article 66 subparagraph 9 of the relevant Act and Article 25 (9) 1 of the Waste Management Act (the occupation of waste storage outside the permitted place, the selection of fines), Article 66 subparagraph 9 of the Wastes Management Act, and Article 25 (9) 2 (the occupation of waste storage in excess of the permitted quantity, the selection of fines) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, the Defendant, for a short period of time, has kept a closed-off which significantly exceeds the permitted quantity of storage, and as such, the Defendant has kept a large number of closed-out wastes on the outside of the rooftop for which permission was not granted without any packing, the degree of violation of the statute is not easy.

However, the defendant is attempting to commit a crime and is against the wrongness.

Temporary promotion of the business due to the depression of the market.

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