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A defendant shall be punished by imprisonment for 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
No person shall reclaim or incinerate wastes in any place other than the waste disposal facilities permitted, approved or reported.
Nevertheless, the Defendant (State) in collusion with C, a common representative of B, agreed to illegally reclaim wastes in order to save the cost of disposal of inorganic sludge, which is a commercial waste generated after the selection of aggregate from the workplace at (State) B, but the Defendant colored the farmland at the site of reclamation and notified C thereof, and C shared the respective roles to reclaim them after transporting inorganic sludge.
1. The Defendant conspired with C on March 10, 2012 to March 12, 2012, buried in collusion with C inorganic sludge, which is equivalent to approximately KRW 2,000 cubic meters (in cubic metres referred to as “luc metres”) generated at the place of business located in the State-B from March 10, 2012 to around March 12, 2012.
2. In collusion with C, the Defendant illegally buried in collusion with C, the inorganic sludge, which is a commercial waste worth approximately 11,000 cubic meters from March 31, 2012 to April 2, 2012, generated from the State’s business establishment, in E, not waste disposal facilities.
3. In collusion with C, the Defendant illegally buried in collusion with C, the inorganic sludge, which is the commercial waste of approximately KRW 2,000 cubic meters from May 7, 2012 to May 8, 2012, which was generated at the place of business located in Ansan-si F, not waste disposal facilities, and from around KRW 2,000 cubic meters.
In collusion with C, the Defendant buried waste worth approximately KRW 15,00 cubic meters in total on three occasions at a place other than waste disposal facilities.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to investigation report (the report accompanied by a copy of suspect interrogation protocol by B representative C);
1. Article 63 of the Wastes Control Act and Articles 8 (2) of the same Act concerning the applicable criminal facts and the selection of punishment;
1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);
1. Wastes buried by the defendant in collusion with C for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order.