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(영문) 수원지방법원 여주지원 2016.06.22 2016고단262
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company collecting and transporting wastes in Namyang-si, Gyeonggi-do, and Defendant A is an employee of Defendant B, who is in charge of financial affairs and dispatch-related affairs.

1. On November 12, 2015, the Defendant: (a) transported approximately KRW 240 tons of the process, which is a general place of business, generated in the process of the manufacturing of aggregate produced by F Co., Ltd., Inc., Ltd., E at the Namyang-si, Gyeonggi-si; and (b) dumped waste into a dry field located in G, which is located in Gyeonggi-si, for the collection of waste.

2. The Defendant B, a Defendant’s employee, dumped waste in a place other than a place or facility prepared to collect waste as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A certificate of report on the discharge of industrial wastes;

1. A written accusation;

1. Application of 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 (Selection of a punishment penalty) of the Waste Management Act;

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. In light of the large amount of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the Defendants’ criminal liability is not provided for in the Criminal Procedure Act. However, Defendant A did not have any record of punishment heavier than that of the same kind of crime or fine; Defendant A discarded wastes to the land at the landowner’s request; and the land was restored to its original condition, etc., and sentenced to the same sentence as the order by taking into account the circumstances where the land was restored to its original condition.

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