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(영문) 대구지방법원 김천지원 2017.05.19 2017고정96
폐기물관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director B of a stock company.

A waste treatment business operator shall dispose of wastes within a certain period when he/she suspends his/her business due to suspension or discontinuation of business.

Nevertheless, on December 19, 2016, the Defendant failed to comply with the order to dispose of wastes by neglecting the waste disposal without disposing of the wastes at the said place, even though he/she received an order to dispose of wastes from the business place located in the Gu, Si, Gu, Si, and Gu, Si, to December 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Order to treat wastes;

1. Application of Acts and subordinate statutes on non-waste treatment photographs;

1. Article 65 of the relevant Act and Articles 65 and 40 (2) of the Waste Management Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The amount of wastes left alone without being disposed of by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is reasonable.

However, in full view of all the sentencing conditions, including the following: (a) the Defendant is against the obligation; (b) the Defendant was unable to operate the above company on the wind that the place of business due to a sudden fire; (c) the Defendant appears to have failed to comply with the order for waste disposal; and (d) the Defendant appears to have been able to cover the cost of disposal of the waste at the time of the insurance purchased by the Gu and the Si as the insured; and (c) the amount of fine prescribed in the summary order is somewhat high; and (d) the Defendant appears to be determined

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