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(영문) 수원지방법원 안양지원 2018.06.07 2018고단102
폐기물관리법위반
Text

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

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

Reasons

Punishment of the crime

[criminal history] On December 22, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Waste Management Act at the Cheongju District Court’s Assistance, and the said judgment became final and conclusive on December 30, 2017.

[2] The Defendant, as a member of the so-called “waste speculation organization, was instructed by C, etc., which is a general responsibility of the organization, to transport waste to the Defendant, using the 23.5 tons of cancer truck, which was operated by the Defendant, and operated by the Defendant, to illegally dumped waste and receive KRW 600,000 per time in return.

No person shall dump wastes in any place, other than any place or facility, prepared by a Do Governor, the head of a Si/Gun/Gu, or a park or road manager for the collection of wastes.

Nevertheless, the defendant in collusion with D, etc. as above, from February 27, 2017 to the same year.

3. Until June 3, 200,000 won was delivered to the account (H) in the name of the Defendant, after loading the commercial wastes at a KRW 70,000 from the Gyeonggi-do Seocheon-si, and dumping the total of 70 tons of commercial wastes on G site at the time of residing in the Gyeongbuk-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Statement made to I by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes reporting investigation reports, rulings of the same kind of case, previous convictions and results of confirmation;

1. Subparagraph 1 of Article 63 and Article 8 (1) of the Wastes Control Act, Article 30 of the Criminal Act, and selection of imprisonment with prison labor for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is against the legislative intent of the Waste Management Act, which aims to contribute to the preservation of the environment and the qualitative improvement of the people’s lives by controlling the generation of wastes to the maximum extent possible and properly treating

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