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(영문) 수원지방법원 평택지원 2021.02.04 2020고단854
폐기물관리법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the Minister of Environment or a Mayor/Do Governor for each type of business, wastes subject to business, and treatment, equipped with facilities, equipment, and technical capabilities in accordance with standards prescribed by Ordinance

Nevertheless, on October 2019, the Defendant did not obtain permission, and collected and transported around 350 tons of commercial waste in Pyeongtaek-si B, and vegetable wastes for the purpose of recycling them, and operated waste disposal business.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Information about inquiries and replies to inquiries in violation of the Waste Management Act (A);

1. Application of Acts and subordinate statutes to each on-site photographs and photographs;

1. Article 64 of the relevant Act and Articles 64 subparagraph 5 and 25 (3) of the Waste Management Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act does not include a large amount of waste collected and transported by the Defendant without permission, the punishment as ordered is determined by comprehensively taking account of various sentencing conditions, including the Defendant’s age, sex behavior, environment, motive for and circumstances after the crime, etc.

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