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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant in violation of the Wastes Control Act is a person who was commissioned from D to perform remodeling construction works for a house owned by Da located in Da in YYE around October 2014 and performed construction works from around such time to January 15, 2015.
No person shall reclaim or incinerate industrial wastes at a place other than a waste disposal facility permitted, approved, or reported.
On November 2014, the Defendant buried 23.37 tons of waste concrete, etc., which was commercial wastes, generated from remodeling construction works, on the housing marina and access roads located in F, using crums.
2. Around January 15, 2015, the Defendant was only performing remodeling works for a house owned by D under paragraph 1, and the Defendant was subject to a claim for damages from D around February 2015.
At around 13:30 on March 12, 2015, the Defendant reported that “A public official I in charge of the Defendant sent a phone to the Goungung-gun Office H with a mobile phone (G) at the remote site (hereinafter referred to as the “Sungung-gun”), and “A punishment is changed because D illegally buried construction waste on the access road to the FL of Goung-gun, Goung-gun and installed road packaging.”
However, in fact, around November 2014, the Defendant buried wastes on the house marina and access roads.
In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.
Summary of Evidence
1. Court statement of the defendant (the third court date);
1. Each legal statement of the witness D, J, K, L, M, N, andO;
1. Each police officer's protocol of statement of D, I, J,O, P, K, and M and prosecutor's office;
1. Request for attendance related to illegal reclamation cases of construction wastes, standard written contract for construction works, drawings for housing remodeling works, specifications of construction works, documents for construction agreement, written statement of payment for construction works, written claim for damages, written claim for damages, photographs, civil petition receipt books, photographs, photographs, respective pictures, text messages, environmental-related civil petition receipt books, and written on-site investigations;