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(영문) 의정부지방법원 2016.08.31 2016고단2581
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for one year.

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

No one shall dump wastes in any place other than a place or facility installed by a Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, or a person who manages a park or a road, etc. to collect wastes, and the defendant is a person who actually operated a G

On January 2015, the Defendant closed the foregoing company, and disposed of, without permission, approximately 50 tons of general industrial wastes, such as vinyl, etc., remaining after refining oil, by burning them into the company at both weeks, at H. In addition, the Defendant disposed of, without permission, approximately 150 tons of general industrial wastes without permission.

Summary of Evidence

1. Defendant’s legal statement

1. A statement K of the police statement to the J of the protocol concerning the interrogation of the suspect against the accused;

1. Application of a written reply, a written accusation, and on-site photographs statutes to an investigation report (Submission of a detailed statement on calculation of the volume of neglect in connection with an investigation into dumping of wastes);

1. Article 63 of the relevant Act and Article 63 subparagraph 1 and Article 8 (1) of the Management of Alternative Wastes Act regarding criminal facts (or selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders is that the Defendant, after heat decomposition industrial wastes, disposed of without permission any permission any remaining wastes after setting the oil. The amount of such wastes exceeds approximately 200 tons, and the Defendant’s liability for the crime is not easy in light of environmental hazard, such as soil contamination, etc. resulting therefrom.

However, the defendant has recognized his mistake as a whole and is in depth divided.

At present, it is recognized that all of the wastes dumped without permission have been disposed of appropriately and has restored to their original state.

At present, it is the most supported by the wife who is administering the disease by cancer, and the branch people want to take the action against the defendant.

It is not only a fine that has been sentenced once to a violation of the Labor Standards Act, but also a fine.

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