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(영문) 수원지방법원 성남지원 2018.01.10 2017고정1136
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

No one shall dump industrial wastes into any place or facility other than a place or facility installed by a Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, or a park, road, etc. to collect wastes, while the Defendant was on the land of the Hanam-si, a State-owned land on March 16,

D With respect to the remaining 25 tons of business site after removing or removing the 3 tons of waste, waste of a place of business equivalent to approximately 25 tons was used on April 13, 2015, by 09:00 square meters on the above land, rather than the designated place, and disposed of waste of a place of business without permission by inserting the area of about 237 square meters on the above land.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to F, G, and H;

1. Permission for use of and profit from State property, land use plan;

1. c. (d) stored in a video file marked on a waste speculation surface;

1. Photographs taken at the time of the on-site investigation;

1. The response following a request for cooperation in relation to the unauthorized disposal of wastes in the state-owned land [the defendant and defense counsel, although the defendant sold D with the scrap metal to the scrap metal business operator E, etc., the defendant collected only the scrap metal necessary for E, etc. after dismantling D and stored temporarily until E, etc., and this does not go against social norms by taking inevitable measures to ensure public interest and traffic safety.

The argument is asserted.

However, according to the evidence of the judgment, the scrap metal business operator requested the removal of asbestos in the instant waste containing asbestos, but failed to comply therewith, and stated that the above waste was not collected. The Defendant immediately moved the waste into the State-owned land and left it unattended without any protective measure for about two years, and the reason why the Defendant moved the waste to the State-owned land was the smooth operation of the camping site.

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