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(영문) 전주지방법원 남원지원 2017.01.10 2016고단229
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2015, the Defendant filed a report on the discharge of industrial wastes with the view to self-treatment of waste rocks 7,711 (ton/years) from the Namwon-si Seoul Metropolitan Government (reutilation of non-metallic minerals within the aggregate extraction area and fluoral reuting wastes).

A person discharging wastes from his/her place of business shall entrust the disposal of wastes generated from his/her place of business to a person who has obtained a license for a waste disposal business, a person who has reported waste disposal, a person who installs and operates a waste disposal facility, etc. (hereinafter referred to as

Nevertheless, on June 15, 2016, the Defendant entered into an aggregate supply contract with D, other than the instant waste disposal business entity, and supplied D with a total amount of 2,300 tons of waste soil and sand generated from D’s place of business after mixing D’s place of business from around 17 to around 19, 201, and caused D to reclaim the said waste to filled out on the farmland in Nam-si, Nam-si, by supplying D with a total amount of 2,300 tons of waste generated from the place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Reporting on the results of on-site verification of the place of business in which civil petitions have occurred;

1. Application of Acts and subordinate statutes to each investigation report (including attached data);

1. Article 65 Subparag. 2 of the relevant Act and Article 18(1) of the former Waste Management Act (amended by Act No. 1341, Jul. 20, 2015; hereinafter the same shall apply) on criminal facts and the selection of punishment (to be punished by imprisonment with prison labor, taking into account the fact that the volume of wastes illegally treated is very large, and that wastes are supplied to take economic benefits with the knowledge of the fact that the wastes are buried)

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that he/she acknowledges and reflects his/her mistake, the fact that the wastes buried restores the reclaimed land to its original state, and the fact that he/she has no criminal record exceeding

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