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(영문) 창원지방법원 밀양지원 2016.04.07 2015고단70
폐기물관리법위반등
Text

Defendant

A and B shall be punished by each fine of KRW 3,000,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B Co., Ltd. who is a construction waste disposal company located in D at the same time.

"2015 Highest 413"

1. A person who intends to carry on the business generating dust emitted from defendant A shall install facilities to control fugitive dust or take necessary measures;

Nevertheless, from the end of February 2015 to April 22, 2015, the Defendant did not install a proof cover, a dustproof wall, a dustproof prevention, etc. to prevent fugitive dust while camping out concrete, etc. at the waste storage place of the said B company from the end of February 2015.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business, who is the representative of the Defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to public officials written in E;

1. Defendant A of the pertinent Act on criminal facts: Article 92 subparagraph 5 of the atmospheric environment conservation Act and Article 43 (1) of the same Act on the conservation of the atmospheric environment: Articles 95 and 92 subparagraph 5 of the atmospheric environment conservation Act and Article 43 (1) of the same Act on the conservation of the atmospheric environment;

1. Defendant A to be detained in a workhouse: Article 70(1) and Article 69(2) of the Criminal Act (Ordinance of the Republic of Korea, 2015, group 70);

1. Facts charged;

A. Defendant A is the representative director of Defendant B, who is a construction waste disposal company located in D at the time of smuggling.

No one may reclaim any industrial waste in a place other than a legitimate waste disposal facility under the Waste Management Act, but the Defendant buried in the site from January 2013 to December 2013, 14,375 tons of inorganic waste, which is a commercial waste generated at the place of business of the B, from around 2013 to around 8, 2013.

B. A, the representative of Defendant B Co., Ltd., buried 14,375 tons of inorganic waste, a place of business, without permission, as described in the foregoing paragraph 1.

2. It is not possible to recycle the waste of the defense counsel's assertion, which is not a waste, and even if it is also a domestic waste, it is the case where it was buried.

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