Text
A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding two million won.
However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From April 2014, the Defendant run a limited company C with a major business of manufacturing and selling concrete block, bricks, etc. in B in South Korea-gun, which had been around April 2014, and in the case of the limited company C, the Defendant discharged at least five tons of waste concrete, etc. due to a series of construction or work.
No person shall reclaim or incinerate industrial wastes in any place other than a waste disposal facility permitted, approved, or reported.
Nevertheless, from January to February 2, 2016 to February 3, 2017, the Defendant buried waste equivalent to approximately 41.94 tons in total, including waste concrete products, etc., destroyed at the time of transportation of goods, or at the time of camping, in the dry field located in D, Nam-gun located in Namyang-gun, other than waste disposal facilities, and approximately 25.94 tons in a dry field near the factory located in B, as above, in a large field near the factory located in B.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Application of the Acts and subordinate statutes governing field photographs of reports on the results of each business trip;
1. Article 63 subparagraph 2 of the Wastes Management Act and Article 8 (2) of the same Act concerning facts constituting an offense ( both imprisonment and a fine)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In light of the unfavorable circumstances in which the volume of waste concrete buried without the reason for sentencing under Article 334(1) of the Criminal Procedure Act exceeds 400 tons, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, sex, environment, circumstances before and after the instant crime, circumstances before and after the instant crime, and circumstances of all kinds of sentencing recorded in the records, such as the fact that the volume of waste concrete buried without the reason for sentencing under Article 334(1) of the Criminal Procedure Act was immediately restored to its original state after enforcement, taking into account the circumstances favorable