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(영문) 의정부지방법원 2020.12.10 2020고단4747
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a mutual secondhand prize called "C" in both weeks.

Around January 21, 2019, the Defendant received a written order for waste removal measures, stating that “C” on the water surface of the two main markets and failed to comply with an order for waste removal measures with approximately 207 tons of all kinds of mixed wastes, such as waste synthetic resin, scrap metal, and waste fiber, which are wastes left stored in the said workplace, by mail, from the date of receipt of the order, until February 28, 2019.” On March 18, 2019, the Defendant failed to comply with the order for waste removal measures, upon extension of the due date for issuing the order for waste removal measures by April 1, 2019, upon receipt of a request for implementation of the order for waste removal measures on April 21, 2020, but failed to comply with the order for waste removal measures by June 3, 2020.

As a result, the Defendant did not comply with the order to remove wastes in the competent market.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Any order for removal of wastes, order for administrative disposition, extension and reception of due date of the order for measures for removal of wastes, and notification of the implementation of the order for removal of wastes under the Wastes Control Act;

1. Application of statutes to a copy of business registration certificate (A), each field photo, and each business trip report;

1. Article 65 of the Wastes Control Act and Articles 65 and 48 of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant was sentenced to a fine for the same kind of crime, has continued to comply with the administrative agency's removal measures, leaving alone wastes in the workplace for a long time, and the nature of the crime is not weak.

However, there are favorable circumstances, such as the fact that the defendant recognized the crime of this case and completed removal measures, the fact that there is no past record exceeding the fine, and other favorable circumstances, character and conduct, family environment, and crimes.

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