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(영문) 청주지방법원 충주지원 2015.11.20 2015고단229
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall submit a waste treatment business plan to the competent authority, as prescribed by statutes, and any person who has received a notice of conformity therewith shall obtain permission from the competent authority with facilities, equipment, etc. in compliance with the standards determined by statutes.

The defendant is a person who operates a C which produces Aluminium using aluminium scrap as a raw material for refining, refining, and milling metal manufacturing business of Aluminium in Chungcheong-gun B.

The Defendant, without obtaining permission from the competent authority from the date of temporary payment in 2003 to April 23, 2015, carried out waste disposal business (general waste recycling business) for collecting and recycling wastes by melting the Aluminium shot or the Aluminum scrap, which is a waste, from the said place, from the date of temporary payment in 2003 to April 23, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the offender report, report on the result of local verification, confirmation certificate, and business registration certificate;

1. Article 64 subparagraph 1 of the Wastes Control Act and Articles 25 (3) of the same Act concerning the applicable criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) recognizes as a substitute for

1. Social service order under Article 62-2 of the Criminal Act;

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