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(영문) 대구지방법원 경주지원 2019.08.22 2019고단310
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

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 Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment, and obtain permission therefor from the Mayor/Do Governor for each type of business, wastes subject to business, and waste treatment.

Nevertheless, from the beginning of March 2019 to April 22, 2019, the Defendant engaged in waste recycling business without obtaining permission, such as piling up approximately 1,200 tons of mixed wastes, such as waste synthetic resin containing non-ferrous metals, waste wood mixtures, etc., on two parcels outside of the racing city, and without obtaining permission from the Mayor/Do Governor.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation - Written statements, written confirmations, photographed sites, relevant statutes, and comprehensive inquiries into parcel information;

1. Investigation Report (Attachment of a written opinion of a police officer in a related case) - Application of one copy of a written opinion of a police officer;

1. Article 64 of the Wastes Control Act and Articles 64 subparagraph 5 and 25 (3) of the same Act and the selection of punishment for the crime;

1. The period of suspension of execution without obtaining permission for sentencing under Article 62(1) of the Criminal Act (not more than two months), the quantity of wastes accumulated therein (not more than 1,200 tons), whether to obtain permission for waste recycling business, or whether to properly dispose of wastes, criminal records, and the fact that the defendant is administering the disease into luminous cancer, and other factors of sentencing specified in the records and arguments of this case, including the defendant's age, character and conduct, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., shall be determined as the same as the order, comprehensively taking into account the following factors of sentencing.

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