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(영문) 의정부지방법원 2016.02.04 2015고정2562
폐기물관리법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay a fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to dispose of wastes shall obtain a license for the waste disposal business from the competent authority.

Nevertheless, the Defendant, without obtaining a license for a waste disposal business, brought in various waste synthetic resins from April 201 to June 9, 2015, and made a waste disposal business by melting and melting them.

Summary of Evidence

1. A written accusation and a written accusation;

1. On-site photographs (the Defendant’s imported goods are processed in the state of wastes, and used as raw materials for the Defendant’s manufacture, and thus, they cannot be deemed as objects that are not necessary for living or business activities, and thus, they cannot be viewed as waste.

However, according to the above evidence, goods have been processed separately before they were brought into the Defendant’s factory.

In addition, even if the above goods are used as a raw material of the original group produced by the Defendant, it is difficult to see the Defendant’s recycling of wastes, and on this ground, it cannot be deemed that the waste water of this case is not a waste.

Application of Statutes

1. Article 64 subparagraph 1 of the Wastes Management Act and Article 25 (3) of the same Act concerning facts constituting a crime.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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