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(영문) 수원지방법원 2014.08.14 2014고단3394
폐기물관리법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

[Defendant B] The defendant shall be punished by imprisonment for four months.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A did not comply with the standards and methods prescribed by the relevant statutes, and, from June 2013 to July 2013, the Defendant buried approximately KRW 100 tons of prepaid food waste, which was suspended from compost processing process in the “Ssung City D, E, F, and G” (hereinafter “instant farmland”) used as farmland cultivated by a third person and used as farmland.

2. The Defendants: (a) around July 2013, and around October 2013, Defendant B, a food waste collection vehicle operator of the HH, a food waste collection company, deposited food waste in the instant farmland; (b) Defendant A, as a result, solicited Defendant B to receive KRW 100,000 per 1 million per Hannnnnnnn from Defendant B, and buried a total amount of 15 tons of food waste collected from Defendant B’s restaurant, etc. on the instant farmland over about ten occasions from around that time to October 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspect concerning I by the prosecution;

1. Statement of prosecutorial statement to J;

1. Each police statement about K, L, or M;

1. Each statement of the N orO;

1. Request for investigation, statement of business trip, on-site photograph, and written confirmation of violation of the Wastes Control Act;

1. Application of the Acts and subordinate statutes for reporting investigations [Defendant A]

1. Subparagraph 1 of Article 65 and Article 13(1) of the former Wastes Control Act (amended by Act No. 12321, Jan. 21, 2014) (Article 30 of the Criminal Act is added to the part concerning the crime of paragraph (2) at the time of sale) by comprehensively combining relevant legal provisions on criminal facts

1. Selection of sentence of imprisonment with prison labor [Defendant B];

1. Subparagraph 1 of Article 65 and Article 13(1) of the former Wastes Control Act (Amended by Act No. 12321, Jan. 21, 2014); Article 30 of the Criminal Act, comprehensively including relevant legal provisions on criminal facts

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Today, industrialization of the reasons for sentencing Article 62-2 of the Criminal Code of the Probation and Social Service Order, there is an inevitable aspect of the generation of industrial wastes, separate from the best efforts for environmental conservation.

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