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(영문) 광주지방법원 목포지원 2016.09.09 2016고정190
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu, 2016, 2016, may order a person who has abandoned or reclaimed wastes not in compliance with the standards for the disposal of abandoned wastes, the principles of recycling, and the matters to be observed, to take necessary measures, such as the disposal of wastes, the suspension of bringing in, etc., by setting a period, and the owner or manager thereof, even though the Defendant performed such order, the Defendant failed to comply with the order to remove the said wastes from July 23, 2015 to August 7, 2015, since the Defendant accumulated about 50 tons of wastes, such as poppy and heading, from the number of Pyeongtaek-gun on July 23, 2015.

2. 2016 High 337 Defendant is a person who operates a low temperature storage warehouse of agricultural products and is engaged in the business of selling and selling agricultural products, such as high wave.

Although a person who intends to dispose of wastes complies with the standards and methods prescribed by Presidential Decree, he/she contaminated the surrounding environment by neglecting it by storing low temperature of agricultural products operated by the Defendant, which is around 13:30 on June 22, 2015, and storing approximately 50 tons of waste poppy and waste heading, and discharging water into a neighboring rice field.

Summary of Evidence

[2016 High Court Decision 190]

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police for E;

1. A report on the results of business trips;

1. The notice of an order issued to take measures for waste treatment ( removal);

1. Photographs related to evidence (2016 high class 337);

1. The defendant's legal statement (as at the third public trial date);

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes related to evidence;

1. Article 65 Subparag. 10 and Article 48 of the former Waste Management Act (Amended by Act No. 13411, Jul. 20, 2015); Articles 66 Subparag. 1 and 13(1) of the Waste Management Act: Selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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