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(영문) 대구지방법원 2018.06.21 2018고단1173
폐기물관리법위반
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of two thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who supervised the new E construction work in P at P at P, and the defendant B is a heavy equipment engineer who performs the construction work under the supervision of A.

In disposing of wastes, no person shall dispose of wastes in any place other than a place or facility prepared by the competent administrative agency or a facility manager for the collection of wastes, and shall reclaim or incinerate wastes in any place other than a waste disposal facility permitted, approved, or reported.

Nevertheless, from December 12, 2017 to May 15, 2017, the Defendants conspired to waste timber (raw timber) generated in the process of new construction to 17.35t and waste concrete (waste 90.48t) into Yongcheon-si F, not at the designated place, and buried waste timber (waste 9.98t) into the said land by using the flag.

Summary of Evidence

1. Defendants’ respective legal statements

1. The accusation, written confirmation, and on-site photographs;

1. Investigation reports (Submission of details of waste disposal by public officials in charge), and the application of Acts and subordinate statutes on the system (including details of transfer for storage of waste collectors);

1. The Defendants of the relevant Act on criminal facts: Article 63 subparag. 1 and Article 8(1) of the Wastes Control Act, Article 30 of the Criminal Act (the illegal dumping of long-term business waste), Article 63 subparag. 2 and Article 8(2) of the Wastes Control Act, Article 30 of the Criminal Act (the illegal reclamation of long-term business waste).

1. Defendant A who has selected the punishment: Defendant B who has chosen the punishment by imprisonment; and

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: In light of the legislative purport, etc. of the Waste Management Act aimed at preserving the environment and improving the quality of life by properly disposing of wastes on the grounds of sentencing under Article 62(1) of the Criminal Act, each of the crimes of this case is deemed to be inferior to its nature.

Defendant

A is highly responsible for giving orders to Defendant B to commit each of the instant crimes.

(b).

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