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(영문) 수원지방법원 성남지원 2018.10.17 2018고단1128
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

A person discharging wastes from his/her place of business shall entrust the disposal of wastes generated from his/her place of business to a person who has obtained permission for the waste disposal business, a person who has reported waste disposal, or

Nevertheless, as the head of the general affairs department of C Co., Ltd. operating food manufacturing business, the Defendant, who is in charge of waste disposal, entrusted the disposal of approximately 187,220 kilograms of food waste generated from the business place of C, which is located in Gwangju City D, from January 1, 2017 to November 23, 2017, to E, an unauthorized waste disposal business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. On-site photographs, copies of reports on discharge of industrial wastes, and copies of reports on discharge of wastewater;

1. A copy of the entrusted contract, a report on waste treatment, or a copy of food waste treatment photograph;

1. Calculation of the quantity of products produced and the quantity of food waste discharged, and the application of statutes governing organization;

1. Article 67 of the relevant Act and the main sentence of Article 67 of the Wastes Management Act, Article 65 subparagraph 11, and Article 18 (1) of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - The appropriate disposal of a fine of KRW 3 million by place of business is to ensure the environment of our community and the pleasant life of our people, and it is necessary to punish the violating enterprise and the related persons.

However, the defendant is not a representative, operator, or executive officer of an enterprise, but an employee acting in accordance with the direction or system.

However, it is difficult to view that all responsibility for the instant case should be borne.

Considering the favorable circumstances, such as the accused's confession, the age, sex, environment, etc. of the accused.

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