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(영문) 수원지방법원 2018.02.19 2017고정2976
폐기물관리법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 11, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Waste Management Act on January 11, 2018 and is still serving in the appellate trial after being sentenced to a suspended sentence of two years.

Any person may order a Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, or a person who dumps wastes in any place, other than a place or facility installed to collect wastes, such as a park or road, to change the method of disposal of wastes, suspend

Nevertheless, the Defendant, on February 3, 2017, issued an official document under the name of the Gwangju City Mayor to restore wastes (around 2600 tons in the relevant case by the Defendant’s statement, correction of tonnage) loaded in B 2,990 square meters in Gwangju City by mail, but did not comply with the order to take measures for restoration from the original state on February 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on site photographs, a written accusation, a written statement of accusation, a official document of restoration order to the original state, and field photographs;

1. Article 65 subparagraph 23 of the Wastes Management Act and Article 48 of the same Act concerning facts constituting an offense;

1. Selection of punishment: Selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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