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(영문) 청주지방법원 2015.07.24 2015고단727
폐기물관리법위반
Text

Defendant

A A shall be punished by a fine of eight million won, and Defendant B shall be punished by a fine of three million won.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates a joint business of screening and crushing aggregate while operating a joint stock company B in the Chungcheong-gun C.

No person shall dispose of industrial wastes in any place other than a place or facility prepared by a competent authority, etc. for the collection of wastes.

Nevertheless, the defendant from the beginning of January 2015 to the same year.

2. Until June 2, 200, around 3,00 tons of inorganic sludge, which was generated after the removal and crushing of aggregate at the above B’s place of business, was laid off to the Chungcheong B and E column, instead of a place prepared for waste collection.

2. Defendant B, a real representative of Defendant Company, laid down wastes in a place other than a place prepared for the collection of wastes, such as that described in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement prepared by the special judicial police officer with respect to F;

1. A criminal investigation report (including a report on the review of cases of a corporation);

1. Land cadastre (Evidence Nos. 23), certified transcript of register;

1. A copy of a contract for the production of aggregate or scrap, a copy of a farmland lease contract, a aggregate sale contract, and two copies of a tax invoice (related to transaction);

1. Application of evidence photographs, “illegally runted photographic site”, “a site for pellet selection”, “a site for pellet selection process”, and statutes

1. Article 63 subparagraph 1 of the Wastes Control Act and Article 8 (1) of the Act on the Control of Wastes; Article 63 subparagraph 1 of the Act on the Control of Wastes; Article 67 and Article 63 subparagraph 1 of the Wastes Control Act; Article 8 (1) of the Act on the Control of Wastes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. The amount of waste, Defendant A’s penal power, and the means and consequence of the commission of a crime, on the following grounds: (a) Defendant A’s restoration to the original state for the waste speculation place; (b) Defendant A had a record of punishment for a similar crime committed before Defendant A; and (c) Defendant A’s inorganic sludge may cause harm to the surrounding environment or residents’ health; and (d) Defendant A’s volume of waste,

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