Text
Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.
Defendant
A above.
Reasons
Punishment of the crime
1. No person who is a defendant shall dispose of 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;
Nevertheless, around April 26, 2016, the Defendant buried approximately 190 tons in a total of 190 tons of agricultural waterways, which are concrete products, such as pipes and agricultural waterways, and disposed of wastes in a place other than a place or facility installed by the manager of the facility to collect wastes.
2. Defendant (State) is a corporation established for the purpose of manufacturing concrete.
A, the representative director of the defendant, disposed of waste in a place other than the facilities or a place prepared to collect waste from the defendant in relation to the business of the defendant at the time and place described in paragraph (1) above, in accordance with paragraph (1) above.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made with respect to D, E, and F;
1. Reporting on the results of inspection of waste discharge business places;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 63 subparag. 1 and Article 8 subparag. 1 of the Waste Management Act, and selection of fines
B. Defendant B: Articles 67, 63 subparag. 1, and 8(1) of the Waste Management Act
1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendants’ contents of the case are more severe than 190 tons of waste without due process; and (b) the Defendants’ contents of the case are disadvantageous to the Defendants.
However, the defendants recognized the facts of the crime of this case, there was no punishment for the same kind of power, and the defendants inevitably laid down the wastes of this case in order to get dredgingd in the course of banking for changing the form and quality of the land, and thereafter reported it to Kim Jong-si, and lawfully wastes.