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(영문) 제주지방법원 2015.8.13.선고 2015고단811 판결
폐기물관리법위반
Cases

2015 Highest 811 Wastes Control Act

Defendant

OO (1959 residents), construction business

Prosecutor

Public trial (public trial) for leather (prosecutions) and family type (public trial)

Defense Counsel

Attorney Gu-○

Imposition of Judgment

August 13, 2015

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On January 29, 2014, the Defendant was sentenced to two years of suspension of execution for perjury at the Jeju District Court for perjury, and the judgment becomes final and conclusive on October 31, 2014, and is still under suspension of execution.

The defendant is a person who is preparing for the operation of a tourism complex development business, etc. in A, a corporation established for the purpose of tourism complex development business, etc.

No person shall dump or reclaim wastes in any place other than a place or facility prepared to collect wastes.

Nevertheless, around January 2015, the Defendant discarded approximately 122.8 tons of waste concrete, waste board, waste glass fiber, etc. generated while performing construction works to remove secondary works in the art gallery in the above A, which is located in the Dong-si, Jeju-si, and Jeju-si, and buried approximately 2.5 tons of waste in the site.

Summary of Evidence

Omission

Application of Statutes

1. Relevant legal provisions concerning criminal facts: Subparagraph 1 of Article 63 and Article 8 (1) of the Wastes Control Act (Unauthorized permission for wastes);

section 63 Subparag. 2, and Article 8(2) of the Wastes Control Act (the point of unauthorized reclamation of wastes);

1. Commercial concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act;

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

Reasons for sentencing

A favorable point: The point that appears to have been restored to its original state ( July 16, 2015).

The defendant's crime of this case is sufficiently recognized in accordance with the evidence of the court below.

Rabs temporarily cover wastes or workers for the purpose of entering vehicles;

b) in fact deny the full part by asserting that there is no entry of the order to reclaim;

The defendant cannot be seen as being against the defendant, and the environment of Jeju Special Self-Governing Province.

For the purpose of this chapter, a serious penalty shall be imposed on the unauthorized disposal and reclamation of waste;

It is necessary, even after 2000, the offering of bribe, fraud, and fabrication of private documents, and any such act.

Many criminal records who have been sentenced to punishment or suspension of execution due to exercise, perjury, etc.

Judges

Degree of Nature

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