Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The Defendant is a person who runs an intermediate waste disposal business and a comprehensive recycling business in Seo-gu Incheon.

On September 13, 2017, the Defendant failed to comply with an order issued under the name of the head of Seo-gu Incheon Metropolitan City to dispose of the remaining wastes kept after completing the disposal of the abandoned wastes due to failure to comply with the obligation of the waste disposal business entity at the said place of business on September 13, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Evidential and photographic materials related to the violation, and order for waste disposal pursuant to the Wastes Control Act;

1. Part III of the written decision and content certification [the defendant and his defense counsel, ① the defendant did not comply with the order to dispose of the instant wastes until June 9, 2017, which was sentenced to a fine of KRW 3 million on May 25, 2018, and on August 7, 2018, the dismissal of the above judgment was decided on August 7, 2018, and thus, the judgment of acquittal should be rendered on the ground that the instant case constitutes a case where a final judgment has been rendered on the continuous crime among the single comprehensive crimes, and ② the defendant is a stock company E (hereinafter referred to as “E”).

This right of retention does not open the entrance of the defendant while exercising the right of retention, and thus, the defendant could not actually dispose of waste, so it constitutes a case where there was a justifiable reason for the defendant to fail to comply with the order of waste disposal.

First, the argument of acquittal is examined.

The crime of violating the Wastes Control Act is established when a person fails to comply with an order to dispose of wastes to a discharger under Article 39-2 of the Wastes Control Act. Although the wastes subject to the order are the same, the order to dispose of the wastes already sentenced to a fine on June 16, 2016, while the order to dispose of the wastes in this case is a separate order to dispose of the wastes as of September 13, 2017, and thus, it violates the above order to dispose of the wastes.