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(영문) 의정부지방법원 고양지원 2018.04.06 2017고단3403
폐기물관리법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Any person who intends to dispose of wastes shall comply with the standards and methods for such disposal, shall not dispose of wastes in any place, other than a place or facility prepared to collect wastes, and shall comply with an order to take necessary measures, such as changing the waste disposal method, suspending waste disposal or bringing in, if any;

Nevertheless, from March 2014 to July 19, 2017, the Defendant: (a) brought in and loaded about approximately 1,987 tons of construction waste, which is a place of business, generated from interior works, etc., on a large scale of 4,416 square meters operated by the Defendant, located in Yongsan-gu, Seoyang-gu; (b) from March 2014 to July 19, 2017, the Defendant failed to comply with an order issued by the head of the Gu, who is the competent authority, to take measures for lawful treatment of the said waste, etc.

2. Any person who intends to build facilities, buildings or structures other than park facilities, store goods, etc. in any urban park that violates the Act on Urban Parks, Greenbelts, etc. shall obtain permission for occupation from the competent authority;

Nevertheless, the Defendant did not obtain permission from the competent authority, from March 2014 to July 19, 2017, installed two containers, which are structures other than park facilities, by piling up approximately 1,987 tons of construction waste generated from the removal of interior, interior, etc. at the places indicated in paragraph 1, which are urban parks, from March 2014 to July 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement;

1. Accusation against a violator of the Waste Management Act, accusation (violation of the Waste Management Act), the details of waste design (red red environment) data, the information on the measures taken by the office of the Si/ Seosan in ancient and ancient cities (including notification, etc. to a department) and accusation against a violator of the Act on Urban Parks, Greenbelts, etc., and accusation reports;

1. A land use plan;

1. Related photographs, on-site photographs, satellite photographs, each on-site photographs (Evidence Nos. 16,27), wastes.

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