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(영문) 광주지방법원 해남지원 2013.10.16 2013고단197
폐기물관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who engages in fishery business.

1. A person who fails to comply with the verification of a waste disposal plan or a report has filed a report on, and obtained confirmation of, a waste disposal plan prior to the disposal of the designated wastes, and thereafter has to dispose of them as waste disposal facilities after obtaining permission and approval. However, on October 2012, the Defendant did not perform construction work on the Defendant’s home site located in Hadodonam-gun B after the removal of the housing at the Defendant’s home site and did not illegally buried approximately 0.2 tons of waste slate, which is designated wastes, at the same place, and did not perform the reporting on the waste disposal plan and other related documents

2. A person who has violated the Wastes Control Act shall not reclaim or incinerate wastes in a place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act, but the Defendant illegally buried approximately 18 tons of construction waste generated at the time and place specified in paragraph (1) and approximately 0.2 tons of waste slate, designated wastes, in which the construction work was performed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of a public official in preparation C;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Relevant legal provisions and Articles 66 subparagraph 4, 17 (3) of the Wastes Control Act (the point of not reporting the discharge of wastes, the selection of fines), and Articles 63 subparagraph 2 and 8 (2) of the Wastes Control Act (the illegal reclamation of wastes and the selection of fines) of the same Act on criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Code provides that the Defendant committed such a criminal act while removing the instant building according to the court’s decision, but it appears to be an act from the site of the law, and the degree of the offense seems to be relatively insignificant, and its error is depth.

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