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(영문) 대구지방법원 2016.12.23 2014고단6793
폐기물관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant is the actual operator of E Co., Ltd. located in Sinsan-si, and is the person responsible for the site of the “G land readjustment project” of 121,312 square meters of land in Sinsan-si.

No person shall throw away or reclaim commercial wastes in any place other than a waste treatment facility permitted, approved, or reported under the Wastes Control Act.

1. On February 10, 2012, the Defendant solely committed an act of removing agricultural company-type warehouses located in the said project district from Sungwon Industrial Development Co., Ltd., the said project implementer, and then dumped or buried waste from the said project site, such as waste concrete, waste bricks, plastic bags, plastic bags, PVC pipes, asbestos slate sculptures, etc., at the same time, not waste disposal facilities.

2. H과 공동범행 피고인은 포크레인 기사인 H과 공모하여, 2014. 2.∼3.경 위 사업지구 내에서, 사업지구 내에 있던 우사(牛舍)를 철거한 다음, 석면 슬레이트, 플라스틱 박스, PVC 파이프, 폐임목 등 불상량의 사업장폐기물을 폐기물처리시설이 아닌 위 공사현장에 버리거나 매립하였다.

Summary of Evidence

1. Each legal statement of the witness I, J, H and K;

1. Partial statement of the witness L;

1. Statement I and H in the suspect examination protocol of the accused by the prosecution;

1. Each interrogation protocol of the prosecution against H and K;

1. Statement made by the prosecution with regard to I (including the part concerning theM statement);

1. N’s statement;

1. Evidential evidence photographs, a construction subcontract statement, a general list of particulars, photographs, investigation reports (on the spot removal warehouses, etc., and files related pictures related to the reclamation of construction waste carried in Samsung C&T), evidence photographs related to construction waste reclamation, investigation reports (on August 12, 2014, files of pictures, etc. on the excavation site of industrial wastes, such as small rain houses, etc.), and one copy of video and photo of the site excavation on August 12, 2014, and G.

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