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(영문) 대전지방법원 서산지원 2015.01.15 2014고정232
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operated a fish farm (a fish nursery) in the area B located in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun, 1997 to 2007.

Wastes shall not be buried in any place other than the waste treatment facilities permitted, approved, or reported in accordance with the Wastes Control Act.

On June 2013, the Defendant arbitrarily buried approximately 43 tons of waste (waste concrete) generated in the process of removing a aquaculture, without lawful treatment in accordance with the Wastes Control Act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a business trip and a photographic site;

1. Relevant Article 63 of the Wastes Control Act and Articles 63 subparagraph 2 and 8 (2) of the same Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is recognized as having been arbitrarily buried about 43 tons of waste concrete generated in the process of removing fish farms, but the defendant treated approximately 204 tons of waste concrete generated in the process of closing fish farms through a waste disposal business entity. In the process of reclaiming cement block only, the defendant was subject to an administrative fine of KRW 5 million on the ground that the defendant did not submit a waste disposal plan in advance, and all of the sentencing conditions indicated in the records and arguments of the instant case are determined the same sentence as the order.

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