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(영문) 대구지방법원 서부지원 2019.02.13 2018고단2418
폐기물관리법위반
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of producing solid fuels using waste synthetic resin as its raw material in Gyeong-gun, Seongbuk-gun, and the defendant A is the representative director of the corporation B.

1. Defendant A waste treatment business entity shall keep wastes in a storage facility within the permitted place of business, an approved temporary storage facility, or any other appropriate place;

Nevertheless, the defendant from August 2018 to the first police officer of the same year.

8. Until October, 10, the above corporation B’s place of business was kept approximately 50 tons of waste, such as plastic and vinyl, at the front end of the permitted place of business.

2. Defendant B, at the time and place indicated in paragraph 1, committed the Defendant’s act of violation as described in paragraph 1 of the above provision regarding the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Written statements of D;

1. Application of the written accusation, on-site photographs, and written confirmation of violation;

1. Article 66 subparagraph 9 of the Wastes Control Act, Article 25 (9) 1 of the Wastes Control Act, Article 67 (main sentence), subparagraph 9 of Article 66, and Article 25 (9) 1 of the Wastes Control Act, and Article 25 (9) 1 of the Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B Co., Ltd.: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the elements for sentencing unfavorable to the Defendants, such as the following: (a) the Defendants without permission at the front end of a place of business, which is not a waste storage facility within the permitted place of business; and (b) the degree of violation of the relevant statutes is not easy; and (c) Defendant A has several records of having been punished for the same kind of crime.

However, the fact that the defendants are committing crimes and are against the wrongness, and due to the negligence of the defendants, the surrounding environment is actually in fact.

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