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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From June 11, 2015 to March 1, 2018, the Defendant engaged in waste collection and transportation business, such as transporting approximately 1,300 tons of waste collected from Kimhae-si B and D, the trade name of “C,” and the removed company, without permission for waste treatment business.
2. On January 25, 2018, the Defendant failed to comply with an order issued to take measures to properly dispose of wastes stored in C, not at a place where wastes can be properly disposed, recycled, or stored from the Kimhae market, as described in paragraph 1, in the residence of Kimhae-si D, 112 Dong 1404 and Dong 1404, even though he/she was subject to such order until March 23, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Relevant Article of the Act and Articles 64 subparagraph 5, 25 (3), 65 subparagraph 23, and 48 of the Waste Management Act concerning facts constituting an offense, and imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentence of Article 62-2 (1) of the Criminal Act of the community service order is that of the former sentence of ten months: Imprisonment with prison labor for six months or suspension of execution; two years of community service; reason for aggravation of 120 hours: Business period; scale of wastes (1,300 tons); reason for mitigation of failure to implement an order to take measures until now: Confession; confession or absence of criminal records of the same kind or imprisonment without prison labor or heavier punishment;