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(영문) 대전지방법원 2013.07.18 2012고정1989
폐기물관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is an employee of a DNA cemetery in a C(cremat) container, who is in charge of the collection and disposal of the deceased's relics.

A person who intends to engage in the business of collecting, transporting, or disposing of medical wastes shall obtain permission from the Minister of Environment.

Nevertheless, at around 10:00 on February 24, 2012, the Defendant collected, without permission from the Minister of Environment, medical wastes (one sealed paper), such as a sloping site, which contains the body liquid, etc., and which is likely to cause harm to infection, and 8.5 km away from the deceased’s large body H, and collected, after collecting 50,00 won of disposal costs from the deceased’s large body H, the Defendant collected and disposed of medical wastes by inserting the plastic paper into the cooling room in the above D cemetery office.

Summary of Evidence

1. Each legal statement of a witness I, J and H;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the examination of suspect with regard to I;

1. A written statement of I;

1. Application of Acts and subordinate statutes to investigation reports (verification of whether medical wastes are involved);

1. Relevant Article 64 of the Wastes Control Act and Articles 64 subparagraph 1 and 25 (3) of the same Act and the selection of fines for criminal facts;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the Defendant received relics containing net G clothes from I, a funeral article, but there was no fact that the instant inspection, which contained medical wastes of the Deceased, was conducted by the Defendant.

2. Comprehensively taking account of the following circumstances acknowledged by the record, the Defendant was found guilty of the instant facts charged without reasonable doubt, as it was found that the Defendant collected the autopsy plastic paper containing medical wastes from I, even if it is dolusently known that it was a medical waste.

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