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(영문) 춘천지방법원 영월지원 2014.11.07 2014고단355
폐기물관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of twenty thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the managing director and the on-site director of the defendant corporation B, which is the defendant corporation in Gangseo-gu Group E.

1. No person who has obtained permission or approval, or has filed a report shall reclaim or incinerate wastes at a place other than the waste disposal facilities;

Nevertheless, from June 12, 2014 to July 18, 2014, the Defendant buried approximately KRW 950 tons of wastes (inorganic sludge) generated in B, a corporation from June 12, 2014, in F, Gangwon-gu, which was not a waste disposal facility, without obtaining permission or approval.

Accordingly, the Defendant buried industrial wastes without permission.

2. Defendant B, the Defendant, at the time and place specified in paragraph (1), committed a violation in relation to the business of Defendant A, who is an employee of the Defendant.

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning G;

1. Application of photographs, certified transcript of corporate register Acts and subordinate statutes;

1. Article 63 subparagraph 2 of the Wastes Control Act and Article 8 (2) of the Wastes Control Act (Selection of Imprisonment): Article 67, Article 63 subparagraph 2 of the Wastes Control Act, and Article 8 (2) of the same Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B, Defendant B, etc.: The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not a large quantity of illegally reclaimed wastes, and thus, the environmental impact caused by the above crime is deemed to be considerable, and in light of the legislative intent of the Wastes Control Act, which aims to contribute to the preservation of environment and the improvement of the quality of people’s lives by properly disposing of wastes, etc., the Defendants’ criminal liability cannot be deemed to be less

Provided, That the punishment shall be determined as ordered in consideration of the fact that Defendant A has no previous convictions that may be considered and the restoration of illegal reclaimed wastes has been completed.

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