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(영문) 의정부지방법원 2017.07.13 2017고정42
폐기물관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, the owner of the land in Gyeonggi-gun, and the Defendant leased the said land from the Defendant, and D and E disposed of wastes on the said land, not at a place prepared by the competent authorities for the collection of wastes on the date in an irregular and irregular manner.

The defendant from February 24, 2016 to the same year.

5. Until June 1, 201, an order to take measures was issued to dispose of wastes dumped on the said land from the number of Seocheon-gun by June 15, 2016, but failed to comply with the order to take measures by the said deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written statement of control, a field photograph, a notice of an order to take measures for appropriate disposal of wastes, a request to comply with an order to take measures under the Wastes Control Act, a notice of extension of the implementation period of an order to take measures for appropriate disposal of wastes, and a criminal investigation report (the

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 65 Subparag. 10 and Article 48 of the former Waste Management Act (amended by Act No. 13411, Jul. 20, 2015) regarding criminal facts and the selection of fines for the selective punishment

1. A fine of two million won to be suspended;

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

1. The reasons for sentencing under Article 59(1) of the Criminal Act (see, e.g., the following favorable circumstances) of the suspended sentence are as follows; the defendant acknowledged the facts of the crime of this case and against his wrongness; and D, etc. leased the land from the defendant, which caused the wastes of this case; the defendant was the owner of the land where the waste was disposed of, although he did not participate in the waste piling, who was obligated to perform the order to take measures of this case; at present, he seems to faithfully endeavor to implement the order to take measures of this case, such as treating the wastes of this case at considerable expenses; and there is no history of special criminal punishment except for those punished once by a fine for the crime of this kind around 1975.

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