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(영문) 대구지방법원 김천지원 2017.11.28 2017고정510
폐기물관리법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the competent authority.

Nevertheless, the Defendant did not obtain permission from the competent authorities, and operated an unauthorized waste treatment business by collecting approximately KRW 2,00 business waste of approximately KRW 2,00 from May 1, 2009 to May 15, 2017, and disposing of them by incineration.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on site photographs;

1. Article 64 of the relevant Act and Articles 64 subparagraph 5 and 25 (3) of the Waste Management Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case have reached approximately eight years, and the transfer of wastes that have been disposed of during the period is reasonable, and the Defendant has failed to comply with an order issued to take measures to dispose of wastes. Considering the favorable circumstances, the fact that the Defendant appears to reflect on the attitude of the Defendant, the Defendant’s age, sex behavior, family relationship, and circumstances after the crime is determined as ordered by taking account of all the factors such as the Defendant’s age, family relation, and circumstances after the crime.

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