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(영문) 창원지방법원 2017.06.01 2017고정100
폐기물관리법위반
Text

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

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

Reasons

Punishment of the crime

[criminal history] On September 30, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of the Waste Management Act at the Changwon District Court on June 201, and the said judgment became final and conclusive on October 25, 2016.

[Criminal facts] The Defendant is a person who operates an unauthorized waste treatment business in Kimhae-si E.

Defendant was in custody of approximately 910 tons of Pium oreassium oreassium oreassium oreassium oreassium oreassium oreassium oreassium ore.

On May 9, 2016, the Defendant’s written indictment No. 1, 704, 1, and 704, G Apartment-gu, Busan, Busan, is obvious that the Defendant is a clerical error in the subparagraphs of 704, and thus, it is corrected ex officio.

in the defendant's residence, the notice of prior disposition (in the opinion submission) to properly dispose of about 910 tons of waste Maineine oreassium ore in storage as above, and the same year.

5. On June 16, 201, the Defendant received an administrative disposition order issued under the name of the Kim Sea market to properly dispose of the above 910 tons of the waste from the Defendant’s residence until June 30, 2016, but did not comply with the above disposition order by the above disposal deadline without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of public official in charge;

1. An administrative disposition order, or search of mail;

1. Previous convictions: A copy of the judgment, and a summary information inquiry of the case, applying statutes;

1. Article 65 of the relevant Act concerning facts constituting an offense and subparagraph 23 of Article 65 of the Waste Management Act and subparagraph 1 of Article 48 of the same Act (Selection of a punishment penalty);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the Defendant recognized the instant crime and reflects in depth the wrongness thereof, the Defendant could have been tried at the same time as the instant crime with the final and conclusive judgment, and the Defendant’s age, sex, health, home environment, background of the crime, circumstances after the crime, etc. are considered, and the sentence is determined as ordered.

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