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(영문) 창원지방법원 2017.03.31 2016고단4060
폐기물관리법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a waste disposal business operator who has obtained a license for interim waste disposal business in Kimhae-si D and operates E business place.

A waste treatment business entity shall store wastes in an appropriate place, such as storage facilities or temporary storage facilities approved in the place of business, as prescribed by Ordinance of the Ministry of Environment, and shall not store wastes in excess of the permitted quantity of storage.

From April 2016 to October 19, 2016, the Defendant kept approximately 360 cubic tons of waste cables (194.5 tons) in a place, other than the storage facility, and stored approximately 120.4 tons of the permitted waste storage quantity exceeding 255.6 tons of the permitted waste storage quantity.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (the change in results of calculating the total quantity of wastes stored);

1. A certificate of violation;

1. A copy of a license for interim recycling business of wastes, or a copy of business registration;

1. Application of statutes on field photographs;

1. Article 66 subparagraph 9 of the relevant Act and Article 25 (9) 1 of the Waste Management Act (the occupation of waste storage outside the permitted place, the selection of fines), Article 66 subparagraph 9 of the Wastes Management Act, and Article 25 (9) 2 (the occupation of waste storage in excess of the permitted quantity, the selection of fines) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, not only stored waste cables, which significantly exceed the permissible quantity of storage for a short period, but also placed a large quantity of wastes on the outside and outside the rooftop for which permission was not granted, and thus, the degree of violation of the relevant Act and subordinate statutes is not weak.

However, the defendant is attempting to commit a crime and is against the wrongness.

In fact, it seems that the crime of this case did not cause harm to the environment and health, such as environmental pollution.

A violation shall be committed only for about four months after the detection.

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