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(영문) 전주지방법원 정읍지원 2014.01.28 2013고단620
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall reclaim or incinerate wastes in any place other than the waste disposal facilities permitted, approved or reported.

Nevertheless, on February 19, 2013, the Defendant buried waste at a place other than waste disposal facilities by putting up approximately 332 t (waste concrete 328.75t, asbestos slate 0.7t, and inflammable waste 2.55t) of industrial wastes generated by a livestock shed owned by the Defendant, which occurred due to fire, into earth located in an open air.

Summary of Evidence

1. Defendant's legal statement;

1. A business trip report;

1. Application of statutes on site photographs;

1. Article 63 subparagraph 2 of the Wastes Control Act and Article 8 (2) of the same Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment for the same kind of crime and the fact that waste disposal has been completed);

1. Social service order under Article 62-2 of the Criminal Act;

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