2021 Highest 444 Wastes Control Act

1. A (49 years of birth, South Korea), or in unpaid post;

2. B (six-six-six years of birth, South Korea), and in unpaid post;

3. C (71years, South Korea) and non-permanent office;

Sponsorial Order (Court of Prosecution), Park Jong-dae (Court of Public Trial)

Attorney Yoon Gyeong-hee (the national election for the defendant A)

June 15, 2021

Defendant A shall be punished by imprisonment with prison labor for one year and fine for 20 million won, and imprisonment with prison labor for Defendant B and C for six months.

Where a defendant A fails to pay the above fine, the above defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

However, with respect to Defendant A, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive, and with respect to Defendant B and C, the execution of the above imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

The defendants shall be subject to probation and shall be ordered to provide community service for 80 hours.

The defendant A shall be ordered to pay the amount equivalent to the above fine.

Punishment of the crime

【Criminal Power】

On December 11, 2019, Defendant B was sentenced to imprisonment with prison labor for a violation of the Wastes Control Act, etc. by the District Court of Jung-gu on December 11, 2019, and the judgment was finalized on April 10, 2020.

【Criminal Facts】

No person shall dispose of wastes in any place other than those prepared by the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the manager of facilities, such as parks and roads

No one shall reclaim or incinerate wastes at a place other than a waste disposal facility permitted, approved, or reported pursuant to this Act.

If improper treatment wastes occur, the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person subject to an order to take measures to take necessary measures, such as changing the methods of disposal of wastes, suspending

1. Violation of the Wastes Control Act due to illegal dumping by Defendant A and Defendant B;

Defendant A conspired to dispose of business site wastes, such as Defendant B and waste soil and sand stored in the above Company E, in the name of the wife in a de facto marital relationship, as a lessee, by dumping them in another place.

As discussed above, the Defendants, from March 2019 to April 2019, transported approximately 80 tons of industrial wastes to ○○ University’s closed building, Youngcheon-dong, Youngcheon-si, Youngcheon-do, and laid off the same.

As a result, the Defendants conspired to leave approximately 80 tons of commercial wastes on the ○ University closed building, which is not designated as a place for waste treatment.

2. Violation of the Wastes Control Act due to illegal reclamation by Defendant A and Defendant C;

Defendant C and Defendant C, who became aware of the introduction of the above B in order to transport the remaining wastes to E and treat the remaining wastes of the business site, as set forth in paragraph (1) of the same Article, sold waste to the above ○ University site, such as waste soil stations, which were stored in the above ○ University site.

Defendant C, upon Defendant A’s instruction from October 2019 to December 2011, 2019, buried waste by transporting approximately 120 tons of the industrial waste to ○○ University’s closed building in Yongcheon-si, Chungcheongnam-si, Chungcheongnam-do, and mixing it with soil in the place where the waste was buried by using a flag and flag.

3. Violation of the Wastes Control Act due to Defendant A’s failure to take measures;

A. On March 11, 2020, the Defendant did not comply with an order issued by the Youngcheon City Mayor to legitimately dispose of commercial wastes left alone and buried in the building closed at ○○ University, Youngcheon-si, Chungcheongnamcheon-si, Gyeongcheon-si, and on April 30, 202, as stated in the above paragraphs 1 and 2.

B. Around June 16, 2020, the Defendant did not comply with an order issued by the Youngcheon City Mayor to legitimately dispose of industrial wastes buried and abandoned in the building closed at the Youngcheon-si University, Youngcheon-gu, Incheon Metropolitan City, as mentioned in the above paragraphs (1) and (2) by July 16, 2020.

C. Around August 26, 2020, the Defendant did not comply with an order issued by the Youngcheon City Mayor to legitimately dispose of industrial wastes left alone and buried in the building closed at ○○ University, Youngcheon-si, Chungcheongnamcheon-si, Gyeongcheon-si, and on September 25, 2020, as stated in the above paragraphs 1 and 2.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of each police statement concerning NaO, PO, and PaO;

1. Each investigation report (including accompanying documents, etc.);

1. A written request for investigation (including attached documents, etc.);

1. Previous records of judgment: Criminal records, inquiry reports (B);

Application of Statutes

1. Article applicable to criminal facts;

Defendant A: Article 63 subparag. 1 and Article 8(1) of the Wastes Control Act; Article 30 of the Criminal Act; Article 63 subparag. 2 and Article 8(2) of the Wastes Control Act; Article 30 of the Criminal Act; Article 65 subparag. 23, and Article 48 of the Wastes Control Act (Non-compliance with each order to take measures and choice of fines)

Defendant B: Article 63 subparag. 1 and Article 8(1) of the Wastes Control Act, Article 30 of the Criminal Act (Selection of Imprisonment)

Defendant C: Article 63 subparag. 2 and Article 8(2) of the Wastes Control Act, Article 30 of the Criminal Act (Selection of Imprisonment)

1. Handling concurrent crimes;

Defendant B: the latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant A: the former part of Article 37, Article 38(1)2 and 3, Article 50, and the proviso of Article 42 of the Criminal Act

1. Detention in a workhouse;

Defendant A: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

The Defendants: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) that the Defendants reflect in depth in this Court; Article 62(1) of the Criminal Act (see, e.g., that there are no criminal records of the same kind in the case of Defendant A and C; and that equity should be taken into account in the case of Defendant B’s concurrent judgment with that of the previous criminal

1. Probation and community service order;

Defendants: each of the Defendants under Article 62-2 of the Criminal Act

1. Order of provisional payment;

Defendant A: Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Cho Jae-han