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(영문) 대구지방법원 경주지원 2018.11.15 2018고단578
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who is ordered by the competent observation authority to take necessary measures, such as disposal of wastes, shall implement such measures.

Although the Defendant received an order from the racing market on March 21, 2018 to take measures to “a proper disposal of waste of approximately 375 tons, which has been kept in bulk from the racing market until June 20, 2018,” the Defendant did not properly dispose of the said waste until June 20, 2018.

Accordingly, the defendant did not comply with the order of the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning facts constituting an offense, Articles 65 subparagraph 23 and 48 subparagraph 2 of the Waste Management Act (the point where it is impossible to issue an order to take measures against wastes), and selection of imprisonment with prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) provides considerable damages to surrounding environments by failing to comply with an order issued to take measures for the quantity of wastes in a quantity of about 375 tons.

Despite repeated orders to take measures, the Defendant did not properly dispose of wastes.

Provided, That confession and reflect shall be made.

The defendant entered into a contract with waste disposal companies to properly treat wastes.

Other circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, etc., shall be determined as per the order.

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