logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.01.21 2015고정314
폐기물관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. A person who intends to dispose of wastes in violation of the Wastes Control Act shall comply with the standards and methods prescribed by Presidential Decree;

Nevertheless, in around August 2013, the Defendant buried waste, such as waste asbestos 8 km, waste timber, waste vinyl, etc., generated from the removal of a house located therein, in the same place.

2. If the Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu treats wastes not in compliance with the disposal standards and methods, he/she may order the person who treats the wastes to take necessary measures in connection with the disposal of the wastes;

The Defendant failed to comply with an order to take measures, such as re-using earth and sand that is excavated and mixed with wastes, even though he/she was ordered to take appropriate measures to dispose of wastes from the Kim system market on June 27, 2014 and July 9, 2014 due to the reclamation of wastes, as described in the preceding paragraph, at the place described in the preceding paragraph, and on July 27, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each police statement made to D or E;

1. A written petition;

1. Each report on results;

1. An order to take measures to ensure the proper disposal of wastes, or to take measures to ensure the disposal of wastes (2 tea);

1. Application of the relevant photographs, warrant execution site photographs, project site photographs of the order, project site photographs of the order execution site photographs (2j), and statutes on site photographs;

1. Article 65 subparagraph 1 of the relevant Act, Article 65 subparagraph 1 of the Wastes Management Act, Article 13 (1) (the occupation of the reclamation of wastes, the selection of fines) concerning facts constituting an offense, and Articles 65 subparagraph 10 and 48 (the occupation of non-compliance with an order to take measures, and the selection of fines) of the Wastes Management Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the Defendant’s assertion under Article 59(1) of the Criminal Act of the suspended sentence

1. The summary of the argument.

arrow