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(영문) 제주지방법원 2016.01.13 2015고단1633
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant leased the land from Jeju-si, Jeju-si, and was engaged in land suspension work, and even if no person buried or incinerated wastes at a place other than the waste disposal facilities permitted, approved, or reported, the Defendant buried at least five tons of waste from March 9, 2015 to November 00 of the same day, together with D with the waste excavating engineer D, on the said land.

Accordingly, the Defendant conspiredd with D to reclaim commercial wastes.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of site and on-site photographs in violation of the Wastes Control Act;

1. A report on investigation (land owner and telephone conversations), investigation report (verification of land register, etc.), land register, public land register, annual register, and a certified copy of cadastral map;

1. Statement made by the police against B;

1. Investigation report (Interview with E ResourceF), investigation report (F submitted photographs), photographs, and investigation report (explosors and telephone conversations);

1. Details of investigation reports (Submission of documents, etc. related to the land owner), real estate lease contracts, contracts for the collection, transportation, and disposal of industrial wastes, entrustment contracts, certificates of entrusted disposal capacity, reports on persons discharging wastes from business operators, and transactions of passbooks;

1. Each police statement made to F or D;

1. A criminal investigation report (the call with the G), a criminal investigation report (the receipt of letters from theG), and a text message;

1. Investigation report (verification of the place of reclamation), on-site photographs;

1. Application of investigation reports (explosion site excavation and collection of samples), on-site photographs Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Article 63 subparagraph 2 of the Waste Management Act and Article 68 (2) of the same Act, Article 30 of the Criminal Act shall be concurrently imposed with imprisonment and a fine;

1. Suspension of execution: Article 62 (1) and (2) of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The circumstances favorable to the reasons for sentencing: The wastes left over due to the previous violation of the Waste Management Act have been buried in the course of disposing of them.

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