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(영문) 서울북부지방법원 2019.10.16 2019고단2668
폐기물관리법위반
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 10,000,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A On June 15, 2018, the Seoul Northern District Court sentenced two years of imprisonment with prison labor for special larceny, etc. at the Seoul Northern District Court, which became final and conclusive on June 23, 2018.

Defendant

B Co., Ltd. is a corporation that runs a building construction business, etc. in the Namyang city, and Defendant A is a representative director of the above corporation.

1. No person who accused A shall dispose of wastes in any place other than those prepared by the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the manager of a facility, such as

Nevertheless, from October 2016 to April 2017, the Defendant dumped approximately 125 tons of construction waste (5 metric truck) which is commercial waste in Dobong-gu Seoul Metropolitan Government E without permission (waste trees, waste plastics, concrete sculptures, pools, etc.).

Accordingly, the defendant laid down commercial wastes in a place other than a place or facility prepared by the competent authorities for the collection of wastes.

2. The Defendant Company B, at the time and place described in the “1” clause, committed the above violation against A, who is the representative director of the Defendant, regarding the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of F in the police interrogation protocol of the accused;

1. The prosecutor's statement concerning G;

1. The police statement concerning F;

1. An investigation report (including a shoter’s statement on telephone conversations, on-site photograph submission-attached written opinion and field photograph, the hearing of a witness H telephone, the hearing of additional statements by a witness H, the hearing of a telephone statement following the submission of a counsel’s opinion appointed by a suspect A, and the hearing of a suspect A’s counterpart telephone statement);

1. A request for submission of a management plan of the workplace of housing construction, written estimate, agency contract, written estimate for waste treatment, and notice of the result of psychological survey;

1. Images of each on-site photograph;

1. Previous convictions: Criminal records, investigation reports (related to attachment of separate judgments by a suspect), copies of written judgments, and other Acts and subordinate statutes;

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