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(영문) 수원지방법원 2011.06.30 2011노879
폐기물관리법위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 5,00,000 won, and a fine of 3,00,000 won, respectively.

Reasons

1. The summary of the grounds for appeal by the Defendants is too heavy (each of six months of imprisonment and two years of suspended execution) of the lower court on the Defendants.

2. Ex officio determination

(a) Where a person continues to perform several acts falling under the name of the same crime or acts in succession for a certain period under a single and continuous criminal intent and the legal benefits from such damage are the same, all these acts shall be punished by a single comprehensive crime;

(See Supreme Court Decision 2006Do3172 Decided September 8, 2006). B.

Of the facts charged in the instant case, the gist of the illegal reclamation of waste against Defendant A and the violation of the method of disposal of industrial wastes against Defendant B is 5,160 tons of inorganic xoms generated from around November 9, 2009 to January 17, 2010, and 144 tons of inorganic xoms (in total, 5,016 tons, and 200 tons of in total, and 1,44 tons of inception xoms of inceptions (in the process of collecting waste), and Defendant A, who did not obtain permission for waste disposal business, had the above disposal of waste to Defendant A entrusted with the same form of waste, and Defendant B, from around June 14, 2009 to around January 17, 2010, entered the above facts in the aggregate of the 5,016 tons of inorganic xoms and 1,704 tons of inceptions (this case’s charges).

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