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(영문) 인천지방법원 2016.04.28 2015고단8338
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to engage in the business of collecting, transporting, recycling or disposing of wastes shall obtain permission from the Minister of Environment or a Mayor/Do Governor.

The Defendant, without obtaining permission from the competent authority on May 2015, dumped wastes into Incheon Nam-gu Incheon Metropolitan Government C without permission upon receiving a request for waste disposal on or around May 2015, collected approximately five tons of waste from around October 23, 201, and dumped waste to the Nam-gu Incheon Metropolitan City E without permission, from around October 23, 2015.

3.2. Upon receiving a request for waste treatment, the Plaintiff operated waste treatment business from February 2, 2015 to March 2, 2016, by dumping waste with a volume of one ton of waste, such as garbage, rocks, and rocks, on the street in front of the 14 drainage pumps of the Seo-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A public official's statement;

1. Application of a copy of photograph, on-site photograph of and guidance for unauthorized speculation places;

1. Article 64 of the relevant Act concerning facts constituting an offense and Articles 64 subparagraph 1 and 25 (3) of the Waste Management Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished several times for the same crime, once again commits the crime in this case, the restoration of the original state has not been performed, the defendant suffers from mental delay (Grade 3), the defendant suffers from mental retardation, and shows the defendant's age, occupation, sex, environment, circumstances before and after the crime in this case, etc., and other conditions of all the sentencing as shown in the records, such as the defendant's age, occupation, sex, environment, etc., shall be determined by the same sentence as the order.

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