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(영문) 청주지방법원 2015.09.04 2015노167
폐기물관리법위반
Text

The judgment below

The guilty portion shall be reversed.

The defendant is not guilty. The summary of the judgment of innocence is not guilty.

Reasons

1. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case is the person who is the representative director of D Co., Ltd. (hereinafter “instant company”).

No person shall reclaim wastes in any place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act.

Nevertheless, from December 21, 2007 to January 18, 2013, the Defendant buried waste rocks, which are wastes generated during the tin line at the factory of the instant company, on the land of Incheon-si, which is not waste disposal facilities permitted, approved, or reported under the Wastes Control Act.

B. The lower court’s judgment and the part of the party members’ scope of adjudication (part of conviction and partial innocence) did not render a separate verdict of innocence only on the grounds that the case was committed during a certain period of the above reclamation act indicted (hereinafter “instant crime”), and on the grounds that the case was committed during a single comprehensive crime, the lower court did not render a separate verdict of innocence.

Of the facts charged in the instant case, the facts charged by the lower court are as follows.

From December 21, 2007 to May 3, 2010, the Defendant buried waste rocks, which are waste generated during the instant company factory, on land E, which is not waste disposal facilities permitted, approved, or reported in accordance with the Wastes Control Act.

In short, the lower court: (a) as of May 4, 2010, the so-called “suspected by a prosecutor” on the facts charged with the same crime (as in this case, the case under investigation by Nonindicted F’s accusation) as the instant crime is a crime under Article 63 of the former Wastes Control Act (amended by Act No. 11914, Jul. 16, 2013; hereinafter “Waste Control Act”).

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