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(영문) 광주지방법원 2020.05.08 2020고단1067
폐기물관리법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operated a secondhand shop (hereinafter referred to as “the secondhand shop of this case”) with the trade name “C” in the vicinity of the Chungcheongnam-si, Chungcheongnam-si.

A person who treats wastes that have been disposed of in a manner that fails to meet the standards, methods, and matters to be observed under the Wastes Control Act shall comply with such order, if he/she receives an order to take measures for the disposal of wastes within a specified period from the Minister of Environment, the

Nevertheless, on April 10, 2019, the Defendant did not comply with an order to take measures to dispose of wastes left alone from the public market until May 31, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of an order to take measures for red waste treatment (as of April 10, 2019), public notification of an order to take measures and to take measures against violations of the Wastes Control Act, public notification, and application of field photograph

1. Article 65 of the Wastes Control Act and Articles 65 and 48 of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act from September 2017 to September 2018, placed wastes exceeding 300 tons without filing a waste disposal report in the vicinity of the instant solid wastes.

'' Even though the order of this case was issued on March 15, 2019 by a summary order of a fine of three million won for a violation of the Wastes Control Act in the official branch of the Daejeon District Court on March 15, 2019 due to criminal facts, it has not been treated until now. The defendant has the same criminal records, the defendant's age, character and conduct, motive, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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