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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to a fine of KRW 3 million for a violation of the Waste Management Act in the field of the Gwangju District Court's wooden support on June 14, 2016.
[2] The Defendant is a person who runs a business by obtaining permission for the business of collecting and transporting wastes from his/her place of business in the name of “C,” which is called “C,” around July 28, 2011.
A person who intends to operate a waste management business shall obtain permission from the Minister of Environment in cases where he/she has facilities, equipment, and technical capabilities in accordance with the standards prescribed by Ordinance of the Ministry of Environment pursuant to Article 25 of the Waste Management Act and intends to target designated wastes for each type of business, wastes subject to business, and treatment, or for other wastes.
Nevertheless, the Defendant did not obtain permission for the wooden market, from March 8, 2018 to the same year without obtaining permission therefor.
4. By the end of 26.20, waste interim recycling business was operated by installing one string container (10HP), which is a recycling facility, to produce and sell intermediate processed wastes, cop, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. The accusation, on-site photographs;
1. Records of judgment: Application of inquiry letter, written inquiry about criminal history, etc., and text of judgment;
1. Article 64 of the relevant Act concerning facts constituting an offense and Articles 64 subparagraph 5 and 25 (3) of the Waste Management Act that choose a penalty;
1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence continues to be the instant crime even though the Defendant had the record of criminal punishment for the same kind of crime as indicated in the judgment, considering the overall sentencing factors indicated in the record, including the confession and reflect of the instant crime, the scale of C operated by the Defendant, etc., the sentence shall be determined as ordered.