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(영문) 춘천지방법원 속초지원 2016.04.21 2016고합6
폐기물관리법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the representative of Gangwon-gun C Lee Sung-gun and D Agricultural Partnership Corporation.

1. The defendant's sole crime;

(a) No person who violates the Waste Management Act shall reclaim or incinerate industrial wastes in any place other than waste treatment facilities permitted, approved, or reported pursuant to the Waste Management Act;

(1) On July 2015, the Defendant buried an amount equivalent to 251 tons of forest waste generated at the construction site located in Seongdong-gun, Gangwon-gun, in the said G forest, not waste disposal facilities, on a 23,809 square meters of forest land in the above G forest.

(2) On October 2015, the Defendant buried waste concrete, etc. equivalent to 122.5 tons of waste concrete, etc., generated in the process of removing the Defendant’s prefabricated-type housing located in Gangwon-gun from the end of the end of the year, in 128,264 cubic meters, not waste disposal facilities.

(b) No person who violates the Management of Mountainous Districts (the occupation of collecting earth or stone from state forests without permission) shall collect earth or stone from mountainous districts in state forests without purchase or transfer thereof from the head of a forest;

Nevertheless, the Defendant collected soil and stones from 1,052 cubic meters of high-won G forest land, which is a state forest, by damaging 1,405 square meters of Gangwon-gun, which is a state forest, for the purpose of using it for the discussion of the Defendant and its neighboring residents and for the soil use of housing land, etc. from January 2014 to January 2015.

As a result, the defendant collected earth and rocks from mountainous districts of state forests without purchasing or transferring them from the head of the forest office.

(c)

Any person who violates the Management of Mountainous Districts Act (the occupation of collecting earth or stone without permission) shall obtain permission to collect earth or stone from the head of a Si/Gun/Gu.

Nevertheless, on November 2015, the Defendant, without obtaining permission from the competent authority for collecting earth and rocks, collected 31 cubic meters of soil and rocks from 380 square meters of Gangwon-gun's Gosung-gun's Jin-gun's land, and collected 70 cubic meters of land from 847 square meters of land owned by K, and M. owned by Gosung-gun's land.

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