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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 waste collection and transportation business in Gyeonggi-si C.
Any person who intends to engage in the business of collecting, transporting, recycling or disposing of wastes shall obtain permission from a Mayor/Do Governor with facilities, equipment and technical capabilities in accordance with the standards prescribed by Ordinance of the Ministry of Environment.
Nevertheless, the Defendant collected waste fibers from the above D without obtaining permission from the competent authorities for waste collection and transportation business, from October 2015 to December 2015, 2015, and transported approximately 120 tons of waste fibers to neighboring companies, such as F in Gyeonggi-gu, Seoul, Seoul, for separate from the said D, and then in line E, for the 24 tons of waste fibers.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. A protocol concerning the examination of each police officer in relation to G or H;
1. C Application of Acts and subordinate statutes of 1-13 of illegal ex-ante photographs of wastes;
1. Article 64 Subparag. 1 and Article 25 Subparag. 3 of the former Waste Management Act (amended by Act No. 13411, Jul. 20, 2015); the choice of fines for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act, even though the defendant had been punished several times for the same kind of crime, the criminal liability is not exceptionally imposed in light of the fact that the defendant repeats the crime.
However, the following facts are considered: (a) the Defendant was committed against the Defendant while committing the instant crime; (b) the Defendant was sentenced to a fine of KRW 4 million on August 2017 due to a similar crime committed after the instant crime; and (c) the Defendant’s circumstances before and after the instant crime; and (d) the Defendant’s age, environment, sexual conduct, etc. was comprehensively considered and determined as ordered.