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(영문) 제주지방법원 2015.08.13 2015고단811
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 29, 2014, the Defendant was sentenced to a suspended sentence of six months for perjury by the Jeju District Court, and the judgment becomes final and conclusive on October 31, 2014, and is still under suspended sentence.

The defendant is a person who is preparing for the operation of a ice store in a corporation established for the purpose of tourist complex development projects, etc.

No person shall dump or reclaim wastes in any place other than those prepared to collect wastes.

Nevertheless, around January 2015, the Defendant discarded approximately 122.8 tons of construction wastes, such as waste concrete, waste board, waste glass fiber, etc., generated in the process of removing the interior works of art gallery and the vegetable animal raising company in the above C, which is located in Jeju-si, and buried approximately 2.5 tons of construction wastes in the above C site.

Summary of Evidence

1. Part of the defendant's legal statement

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement made by each prosecution with respect to E and F;

1. Statement of police statement related to G and H;

1. Each fact-finding certificate of E, I, J, K, and L;

1. On-site photographs and investigation reports (verification of the volume of illegally treated construction wastes);

1. Investigative reports, investigative reports (Listening to the statements by the operators of art galleries C), certification of contents, investigation reports (Listening to the statements by the operators of the C preceding Companies), and proof of contents;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a bound copy of judgment, etc.);

1. Relevant legal provisions concerning facts constituting an offense: Subparagraph 1 of Article 63 of the Wastes Control Act, Article 8 (1) of the same Act (the point of dumping wastes without permission), subparagraph 2 of Article 63 of the Wastes Control Act, and Article 8 (2) of the same Act (the point of reclaiming wastes without permission);

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Judgment shall be rendered as per the Disposition on the grounds of imprisonment or higher choice;

The reason for sentencing is favorable: The defendant appears to have been restored to its original state ( July 16, 2015): The evidence of the judgment in its holding that the defendant's crime of this case is sufficiently recognized.

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