logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.09.07 2018고단813
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from November 2017, engages in the recycling of waste synthetic resin in Ansan-si B, from around November 2017.

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall submit a waste treatment business plan to the competent authority, as prescribed by statutes, and any person who receives a notice of conformity therewith shall obtain permission from the competent authority with facilities, equipment, etc. in compliance with the standards determined by statutes.

Nevertheless, without obtaining permission from the competent authorities, the Defendant engaged in waste treatment business to collect and recycle wastes by collecting waste synthetic resin from November 2017 to May 9, 2018 by producing and supplying recyclable materials at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to hear statements by telephone from a public official in charge of the Gu office in cases of safeness);

1. Investigation reports (verification of the records of the same kind of waste disposal business without permission);

1. A report on the results of a business trip at each civil petition site;

1. Application of each statute on photographs;

1. Article 64 subparagraph 5 of the Wastes Management Act and Article 25 (3) of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance, such as the fact that a person has been punished by a fine for the same kind of crime, the fact that a person continues to commit the instant crime even though he/she was found to have committed the instant crime on February 9, 2018, etc.: The fact that there is no record of confession, reflectivity, and fine exceeding the punishment: Other sentence, such as the age, family relationship, circumstance of the crime, etc. of the defendant: Imprisonment with prison labor for 6 months, suspension of execution for 2 years, and order of protection observation for reasons above

arrow