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(영문) 대구지방법원 2017.08.07 2016고정1756
폐기물관리법위반
Text

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

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

C is the factory head of the agricultural corporation A, which was in Yongcheon-si D, and the defendant is the corporation.

No person shall reclaim or incinerate wastes at a place other than a waste disposal facility permitted, approved, or reported pursuant to the Act.

Nevertheless, around January 13, 2016, C moved the modern world in the factory marina of the defendant's factory located in Yongcheon-si, Youngcheon-si, D, and buried them by using plant wastes, vegetable residuess, and 18 tons of waste glass disease, which were generated in the process of factory relocation.

As a result, C buried wastes in a place other than a waste disposal facility permitted, approved, or reported.

Defendant C, who is an employee of the Defendant at the above date and place, committed the above-mentioned violation with regard to the Defendant’s business.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. A protocol concerning the interrogation of suspect C by the police;

1. A written statement prepared by E (public official in charge);

1. A written accusation (Ycheon Market) and a written confirmation (C, etc.);

1. On-site photographs and reports on installation of discharge facilities of wastewater;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of emission details during the previous year);

1. Article 67, subparagraph 2 of Article 63, and the main sentence of Article 8 (2) of the Wastes Management Act concerning facts constituting an offense;

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

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