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(영문) 울산지방법원 2020.10.16 2020고정581
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

No person shall reclaim or incinerate wastes at any place other than the waste disposal facilities permitted, approved, or reported under the Wastes Control Act.

Nevertheless, on September 28, 2018, the Defendant buried approximately KRW 90 tons of industrial wastes (waste master) in Yangsan-si B, which were filled up in two lots, both Yangsan-si and Yangsan-si, without legitimate permission, approval, or reporting.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of business trip - Certificates of violation, and photographs of violated places of business;

1. A statement of business travel and reinstatement (illegal removal of wastes reclaimed);

1. The completion of restoration to the original state of wastes;

1. Application of Acts and subordinate statutes to notify prior notice to a plan for the management of a waste disposal company D administrative dispositions and notification of administrative dispositions;

1. Article 63 of the Wastes Control Act and Articles 63 (2) and 8 (2) of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not have any history of being punished by the defendant exceeding the fine, the fact that the defendant committed the crime and reflected, and that the restoration to the original state is more favorable, or the amount of industrial wastes buried illegally, and the defendant has been scheduled to receive an order for waste disposal by the competent authority for the industrial wastes of the place of business until the time when the defendant brought about the commercial wastes of the Dispute Settlement Bank D. In light of the fact that it was scheduled that he would receive an order for waste disposal by the competent authority for the industrial wastes of the place of business, it is difficult to easily believe that he brought

In addition, the sentencing conditions specified in the records and arguments, such as the defendant's age, occupation, and circumstances after the crime, shall be determined as ordered by considering the whole circumstances.

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