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(영문) 의정부지방법원 2015.02.04 2014고단1703
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall dispose of wastes in any place other than those prepared to collect wastes, such as a Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the manager of a facility, such as a park or road, etc.

Nevertheless, around November 27, 2013, the Defendant dumped 150 tons of commercial wastes made by mixing two parts of Macheon City truck with dogines, food waste, etc. with two parts of 15 tons.

Accordingly, the Defendant laid down industrial wastes in a place other than a place prepared for the collection of wastes.

around November 27, 2013, the Defendant: (a) committed an act of dumping 150 tons of industrial wastes produced by mixing urines, food, wastes, etc. with 15 tons of trucks from Pocheon City C around November 27, 2013; and (b) did not comply with an order issued to take measures to properly dispose of the said wastes from the Defendant’s house located in Pocheon-si D until March 17, 2014, even though the Defendant’s house located in Pocheon-si D around February 2014.

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

Summary of Evidence

1. Defendant's partial statement in court (the denial of the fact that it is the wastes prescribed by the Wastes Control Act);

1. E prosecutorial statement;

1. A statement of F and G;

1. Prosecution investigation reports (Submission of suspect data);

1. Each accusation;

1. Each field photograph, inspection result, each business trip report, each administrative order and defense counsel shall claim the instant wastes, not the wastes prescribed by the Wastes Control Act, and the facts constituting the instant crime.

However, even if the waste of this case was mixed with materials such as fire saw, etc. produced from the Defendant’s workplace, in light of the following: (a) the method and process of dumping the waste of this case; (b) the result of the examination of the component of the dumped waste; (c) whether the waste of this case was processed as a finished product; and (d) the intent of the recipient of the waste of this case.

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