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(영문) 의정부지방법원 2016.06.23 2016고정403
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

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 October 4, 2013, from around October 4, 2013 to around the 31st day of the same month, the Defendant left the waste synthetic resin, as well as 824 cubic meters, which was entrusted with the disposal thereof by D, on the land of Macheon-si.

Accordingly, the Defendant laid down wastes in a place other than a place or facility prepared for the collection of wastes.

Summary of Evidence

1. Legal statement of witness E;

1. Each police suspect interrogation protocol with respect to the defendant or E (including E substitute part);

1. Illegal speculation and field photographs;

1. Investigation report (Submission of a certificate to rent machinery and equipment);

1. A detailed statement of transactions of entry and withdrawal;

1. A copy of the non-prosecution decision [the defendant and his defense counsel cannot be deemed as the actor of the proper value of the closed synthetic resin of this case, and even if the defendant were to be the actor of this case, he asserts that there was no intention of violation of the Waste Management Act, since the place where the defendant loaded the waste synthetic resin of this case is located in the place other than the site of business.

However, according to the above evidence, the defendant was the actual representative of F.

In consultation with E, it is recognized that the Defendant played a leading role to bring in the waste synthetic resin of this case from D after installing the Defendant’s waste synthetic resin recycling machine within the Defendant’s place of business in F, Inc., and thereby, the Defendant is sufficiently recognized as the actor of the waste synthetic resin of this case, and the intent of violation of the Waste Control Act is sufficiently recognized in light of the circumstances surrounding the waste synthetic resin of this case, etc.

1. Article 63 of the relevant Act and Articles 63 subparagraph 1 and 8 (1) of the Waste Management Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. The former Criminal Act (amended by Act No. 1253, May 14, 2014).

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