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(영문) 의정부지방법원 2016.12.15 2016고정1145
폐기물관리법위반
Text

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

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

A. On June 22, 2015, the Defendant buried approximately KRW 650 cubic meters of stone powder, which is industrial wastes, at the place of business operated by the Defendant in Macheon-si, as well as at the site of the said place of business, instead of waste disposal facilities.

B. On December 22, 2015, the Defendant buried 70 cubic meters of stone powder, which is industrial wastes, in the said place of business, in the site of the said place of business, instead of waste disposal facilities.

2. The Defendant, a representative director of the Defendant, buried commercial wastes in a place other than waste management facilities, and committed each violation of the Wastes Control Act with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to D by the police;

1. All on-site photographs;

1. Article 63 subparagraph 2 of Article 63 and Article 8 (2) of the Wastes Control Act, Defendant B corporation selected as a fine: Articles 67, 63 subparagraph 2 of the Wastes Control Act, and Article 8 (2) of the Wastes Control Act, each of which shall be selected as a fine, and each of which shall be selected as a fine;

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

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act for each of the provisional payment orders shall be determined as ordered in consideration of the fact that the defendant A did not have any previous department, but has committed the instant crime at least twice for six months, and that no restoration has been made.

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