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(영문) 인천지방법원 2018.05.25 2018고정173
폐기물관리법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 20, 2017, the Defendant was sentenced to a suspended sentence of one year and six months by imprisonment at the Incheon District Court, and the judgment was finalized on October 28, 2017.

The defendant is the actual operating manager of D who is operating the interim waste disposal business and the comprehensive recycling business in Seo-gu Incheon Metropolitan City.

On June 16, 2016, the Defendant issued a disposal period pursuant to an order to dispose of wastes pursuant to Article 39-2 of the Waste Management Act from the competent authority on the grounds that he/she failed to comply with the obligation of waste disposal business operators (to meet the standards for the site for the project site), but did not perform the order within the deadline on June 9, 2017, thereby violating the Waste Management Act.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

1. Some statements made against the defendant during the police interrogation protocol;

1. Certificates of violations and photographs related to violations;

1. Court rulings (In the case of Incheon District Court 2016 Ghana 36637, 2017 Ghana 222138)

1. A criminal investigation report (a report accompanied by submission of relevant data);

1. Previous convictions in the judgment: Conet search results, the text of the judgment [the defendant and defense counsel merely failed to observe the period of waste disposal because the entry into the factory was obstructed by the owner's side of the site of the factory, and did not have an intention to violate the waste disposal order, but there was a reason not to mislead the defendant about failing to observe the period of waste disposal, and an act for not preventing other potential illegal acts, such as intrusion on the structure, and thus, the illegality of the act is socially reasonable.

However, the following circumstances that can be recognized by the foregoing evidence, namely, ① the Defendant: (a) carried on the instant factory site and building site in F Co., Ltd. (hereinafter “F”); (b) even after the successful bid on February 16, 2016, he/she carried on a business by piling waste, etc. in the relevant factory building; and (c) the F, upon receipt of a real estate delivery order, carried out leaving the factory around June 10, 2016.

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