A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

A person who collects and transports waste fish, waste home appliances, waste clothing, etc. discharged from household wastes shall be equipped with facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment and report it to the competent authority.

The defendant has failed to report to the competent authorities on the same year from June 2017.

8.To collect waste clothing, etc. that has been abandoned by apartment residents in the middle order, the apartment residents collected, and thereafter to D engaged in waste treatment business in both weeks, the waste clothing, etc. total of 245 tons per ton shall be transported by 100,000 won.

Accordingly, the Defendant collected and transported wastes without reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect of the police against the accused (including parts concerning the DNA examination);

1. Copies of the police statements made to E and F;

1. Copy of the indictment (suspectD) and investigation report (attached to the relevant waste disposal business entity D's judgment);

1. A criminal investigation report (Submission and attachment of data on details of transactions of passbooks related to the suspect), and a detailed statement of passbook transactions;

1. Investigation reports (related reports, such as collection and transportation of wastes, and confirmation as to whether to grant permission);

1. On-site photographs (C);

1. Application of Acts and subordinate statutes to a report on results of each business trip;

1. Article 66 Subparag. 2 of the relevant Act and Article 46 Subparag. 3 of the former Waste Management Act (Amended by Act No. 14783, Apr. 18, 2017) on criminal facts and the selection of punishment (or choice of imprisonment)

1. The reason for sentencing under Article 62(1) of the Criminal Act is not that of the crime in light of the content of the crime in this case, the quantity of wastes collected and transported, etc.

However, the defendant does not commit a second offense against his own mistake.

There is no criminal offense over a fine against the defendant.

The effect of the instant waste clothes disposed of by the Defendant without permission on the environment is relatively small in comparison with commercial wastes, such as waste synthetic resin or waste materials.

Social ties are clear, and the detention of the defendant is likely to involve excessive difficulties for his dependants.