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(영문) 의정부지방법원 2017.01.17 2016고정2349
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who engages in waste collection and transportation business between two weeks, B, C, D, and E.

Where wastes are disposed of in a manner inconsistent with the standards and methods prescribed by Presidential Decree, the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person who disposes of such wastes to take necessary measures, such as change of the method of disposal, suspension of disposal or bringing in of wastes, fixing a period, and

Nevertheless, on January 21, 2016, the Defendant did not comply with an order to take measures to remove approximately 125 tons of waste, such as waste wood and waste vinyl left alone, until July 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. AF statement;

1. Extension of the time limit for taking measures for removing wastes and urging for implementation thereof (E);

1. Application of statutes on site photographs and images;

1. Article 65 Subparag. 10 and Article 48 of the former Waste Management Act (amended by Act No. 13411, Jul. 20, 2015) regarding criminal facts and the selection of fines for the selective punishment

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) has the same criminal records as the defendant for the reason of sentencing, and that the sentence of fine prescribed by the summary order is not excessive.

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