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(영문) 춘천지방법원 속초지원 2018.12.12 2018고단68
폐기물관리법위반
Text

[Defendant A] Defendant A is punished by imprisonment with prison labor for three months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B Limited Partnership Company is a corporation established on November 14, 2006 in Indian Group D for the purpose of intermediate waste treatment business, etc., and Defendant A is a person who actually operates the above company.

1. No person who is a defendant shall dispose of wastes in any place other than those prepared by a Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, or a park or road;

Nevertheless, from around December 2015 to November 10, 2017, the Defendant written the written indictment “(2015.10.10.00)” but according to the evidence record, it appears to be a clerical error in the “10.0.0” and the Defendant also exercised the right of defense with sufficient knowledge that it is a clerical error.

Since it is judged (see the attorney’s written opinion), it is corrected as above without going through amendments to indictment.

Until early, Sinsi-si E forest, there was approximately KRW 100 tons of waste timber and waste asphalts equivalent to approximately 100 tons of waste timber generated during the handling of waste trees in the vicinity of a limited partnership company B and the disposal of waste trees.

Accordingly, the Defendant laid down commercial wastes at a place other than a place or facility prepared to collect wastes.

2. The Defendant, a limited partner, committed an act of violation as described in paragraph 1 in relation to the corporation’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with respect to F;

1. Written estimate;

1. Application of the statutes on the comprehensive details of the location map and on-site photographs, site photographs, photographs, and vehicles;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 63 subparag. 1 and Article 8 subparag. 1 of the Waste Management Act; Articles 63 subparag. 1 and 8’s choice of imprisonment

(b) Defendant B limited partnership company: Articles 67, 63 subparag. 1, and 8(1) of the Waste Management Act

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B limited partnership company: A reasonable period of time is and transfers the wastes specified in the sentencing of Article 334(1) of the Criminal Procedure Act.

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