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(영문) 의정부지방법원 2017.11.09 2017고정1240
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From December 8, 2011 to June 2013, the Defendant: (a) leased a building and land owned by D and collected waste synthetic resin, etc. from the building and land owned by D in both weeks; and (b) managed an enterprise called “F” to be exported overseas by classifying them.

No person shall dump 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 manager

Nevertheless, on June 2013, the Defendant laid down the waste log and waste synthetic resin of approximately two tons, which are commercial wastes collected and generated during the above period, on the side of the toilet at the entrance of the static door.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by the police preparation of the complaint, E, or G, a protocol of interrogation of the accused, a report on investigation into the accused, and on-site inspection;

1. Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation before and after a previous conviction, and reporting on investigation (Attachment to a copy of the summary order of the relevant case);

1. Article 63 of the relevant Act and Articles 63 and 8(1) of the former Waste Management Act (amended by Act No. 11914, Jul. 16, 2013); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the facts constituting the crime of this case and against his mistake; (b) the Defendant appears to be mixed with other wastes in addition to the wastes accumulated without permission; and (c) the Defendant appears to have made efforts in good faith to restore the original state, such as collecting a large amount of waste collected by the Defendant, even though there are circumstances where it is difficult to implement the measures for restoration from the original state, etc., which are favorable to the Defendant.

On the other hand, the crime of this case, where the defendant's waste, such as waste synthetic waste, was loaded on the leased land without permission, is committed.

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