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(영문) 광주지방법원 2013.04.25 2013고정593
폐기물관리법위반
Text

Defendants shall be punished by a fine of 2.5 million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. Defendant A is the vice head of B corporation located in B in B, Jeju, and a person in charge of accounting management and environmental affairs of the said corporation.

An industrial waste discharger shall treat wastes generated from his/her place of business by entrustment to a person who has obtained permission for waste disposal business, a person who has reported waste disposal, a person who installs and operates waste disposal facilities, a person who has obtained permission for construction waste disposal business, or

Nevertheless, from May 201 to April 2012, the Defendant supplied approximately 16 tons of animal residuess, which are commercial wastes, such as eggs generated in the process of the autopsy of original eggs, and seed coats generated after ducks, at the place of business of the said corporation, to nearby farmers without compensation, without treating them by the aforementioned method.

2. Defendant B corporation is a corporation established for the purpose of the original breeding and duplicating business. A, an employee of the Defendant, did not dispose of industrial wastes in the manner prescribed by law and supplied them free of charge to nearby farmers without compensation, as stated in the above 1.

Summary of Evidence

1. The defense counsel in part of Defendant A’s legal statement asserts criminal facts based on the Supreme Court Decision 2008Do3108 Decided June 12, 2008, and the above judgment is different from the legal provisions and facts applicable to the business operator’s matters to be observed by being supplied with wastes and used them.

1. Written statements of public official, written confirmation of violation and written confirmation of confirmation;

1. Application of statutes on images of on-site photographs;

1. Relevant legal provisions and the defendant A who is selected to commit a crime: Article 65 subparagraph 2 of the Wastes Control Act and Article 18 (1) of the Wastes Control Act (comprehensively and selectively select fines): The defendant B corporation: the main sentence of Article 67, Article 65 subparagraph 2 of the Wastes Control Act and Article 18 (1) of the Wastes Control Act ( comprehensively and comprehensively select fines);

1. Defendant A to be detained in the workhouse: The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are the case.

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