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(영문) 수원지방법원 2019.01.18 2018고정1699
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

[criminal power] On January 11, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Wastes Control Act at the Suwon District Court on July 7, 2018, and the said judgment became final and conclusive on July 7, 2018. On November 2, 2018, the same court was sentenced to six months of imprisonment with prison labor for a violation of the Wastes Control Act and became final and conclusive on November 10, 2018.

【Criminal Facts】

The Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person who treats wastes in a place or place other than facilities prepared for the collection of wastes to take necessary measures, such as waste disposal, within a fixed period, and a person ordered to

Nevertheless, on March 5, 2018, the Defendant did not comply with the first order issued to dispose of industrial wastes equivalent to 2,600 tons listed in "B of Gwangju City," other than those prepared for waste treatment from the Gwangju City Mayor, and to restore the said industrial wastes to its original state on April 6, 2018, but did not comply with the second order issued by the Defendant, around May 3, 2018, to restore the wastes stored in the said place to its original state until May 25, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the suspect, a report on the results of each business trip, and a restoration order issued pursuant to each violation of the Wastes Control Act;

1. A prosecutor's report on investigation (attaching details of service);

1. Previous convictions in the judgment: The defendant's legal statement, his previous statement, his previous report on the result of confirmation of the disposition, the prosecutor's investigation report (report on confirmation of the records of the same kind of crime), the application of three copies

1. Article 65 subparagraph 23 of the Wastes Control Act and Article 48 of the same Act and the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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