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(영문) 의정부지방법원 2019.05.07 2019고단224
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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 by the manager of facilities, such as a Special Self-Governing City, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or a park road, etc., and the Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu may, when he/she directly disposes of wastes or permits any third person to use his/her own land in compliance with the standards and methods prescribed by Presidential Decree, order the owner of the land where the wastes have been disposed of or reclaimed to change the methods of disposal of wastes,

Nevertheless, at around 11:10 on August 2, 2018, the Defendant failed to comply with an order to take measures under the name of the Macheon Market for "reasonable waste treatment in improper storage due to waste speculation and unauthorized waste disposal business" in B, D, and E in September 28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes, such as prior notice of administrative disposition;

1. Article 65 of the Wastes Control Act and Articles 65 (23) and 48 of the same Act and the selection of penalty concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous record of the same kind at several times, that the defendant did not have any previous record of the crime of this case, that the defendant made efforts to implement the order of this case after the institution of the prosecution, and that the defendant made efforts to implement the order of this case, and that the defendant is punished as the order, taking into account the conditions of sentencing specified in the arguments of this case, such as

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