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(영문) 수원지방법원 2019.02.12 2017노4656
폐기물관리법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts, ① Since the weight of the instant wastes is less than five tons, the crime of violating the Wastes Control Act is not established.

② Although the Defendant was trying to treat wastes, the Defendant was unable to inevitably dispose of wastes due to disputes with E, the landowner of the instant case, by locking the door of E and prohibiting the entry into a factory.

(2) The lower court’s sentence of unreasonable sentencing (a fine of three million won) is too unreasonable.

B. Defendant B did not submit the grounds of appeal within the statutory period.

2. Determination

A. (1) In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion, it can be recognized that the quantity of the instant wastes exceeds five tons. Thus, this part of the Defendant’s assertion is without merit.

① On July 14, 2015, the Defendant received an order to maintain cleanliness for domestic wastes on the premise that wastes neglected on the instant land from the inn market are less than five tons.

This is because, on July 13, 2015, the Ministry of Justice and its public officials recognized only the wastes contained in the boom at the time of confirming the site, and subsequently, the wastes stored in the boom did not cover the boom.

While the defendant did not comply with the order to maintain cleanliness, the second civil petition occurred and the department in charge of commercial wastes belonging to the women'sJ and its affiliated workplace have visited the site, and additionally discovered wastes that were not discovered at the time of the first investigation, and presumed the weight to be 10 tons.

E stated that the waste found by visiting the site at the time was left alone from the beginning.

② On July 25, 2016, E received an estimate of the cost of waste disposal from H. The volume was estimated to be 32 cubic meters.

(3) “F, an employee of G, shall visit the instant land with a special judicial police officer.”

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