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(영문) 대전지방법원 논산지원 2019.01.29 2018고단331
폐기물관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. No person who violates the Wastes Control Act (violation of the Investment Funds) shall dispose of wastes in any place, other than those prepared for the collection of wastes;

Nevertheless, on June 2016, the Defendant dumped approximately KRW 76 tons of waste in the YYY-si, YY-si.

2. A person who has disposed of wastes in violation of the Wastes Control Act (non-performance of the order to take measures) shall comply with the order issued by the head of the competent Si/Gun/Gu to take necessary measures, such as change of the method of disposal,

On February 26, 2018, the Defendant did not comply with an order issued by the Defendant to move wastes into another place by April 30, 2018 from the mountain area B, the mountain area B, the mountain area C, and the mountain area C, the mountain area.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of administrative disposition due to a violation of the Wastes Control Act;

1. Report on the results of a business trip (calculated of wastes free of charge);

1. Application of the Act on Report of Investigation of Witnesses;

1. Relevant statutory provisions concerning facts constituting an offense, Articles 63 subparagraph 1, 8 (1), 65 subparagraph 23, and 48 of the Wastes Control Act, and imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The Defendant committed the instant crime despite the record of punishment for the same kind of crime.

The scale and period of waste disposal is reasonable, and there is no long-term order to take measures, and the scale of remaining wastes is also reasonable.

A favorable circumstance: The defendant has mistakenly recognized a mistake.

Before prosecution, part of the order to take measures was implemented, and part of the decision was implemented during the trial.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, criminal records, circumstances after the crime, and the circumstances after the crime.

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