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The Defendants are not guilty of all, and the summary of the instant judgment is published against the Defendants.
Reasons
1. The summary of the facts charged is the manager of B corporation in the fifth floor of Busan Metropolitan Government C building in Busan Metropolitan City, who actually operates the above company, and the defendant B corporation is a corporation established for the purpose of construction, civil engineering, construction and housing construction business.
Defendant
A No person shall dump wastes in any place, other than a place or facility, prepared by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, head of a Si/Gun/Gu, park, road, etc. to collect wastes.
Nevertheless, from April 2017 to December 2017, the Defendant laid off, without permission, an amount equivalent to 59.8 tons (5 tonsx 12 tons) of construction waste (waste trees, waste plastics, concrete sculptures, sand, posspons, etc.) generated from a house built by the Defendant and the construction site of a hotel (waste trees, waste plastics, concrete sculptures, sand, pospons, etc.) on the land located in Busan-gun, Busan-gun, which is not a place or facility installed for the collection of waste.
B. Defendant B, as the manager of the Defendant, committed the same offense as that of paragraph (1) against Defendant B, who is an employee.
2. The Defendants and defense counsels asserted to the effect that the Defendants and defense counsels collected wastes to select recyclable products from among wastes and stored them on the instant land, but did not dumped.
3. Determination
A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined in the interest of the defendant even if there is no such evidence.
(See Supreme Court Decision 201Do7261 Decided November 10, 2011, etc. (see, e.g., Supreme Court Decision 2011Do7261).
With respect to the law applied to the facts charged of this case.