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Defendant shall be punished by a fine of 200,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a representative director of D Co., Ltd.
No person may reclaim wastes at a place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act, but the Defendant buried waste rocks, which are generated during the tin-raying process, in the D Factory, a corporation, on the land of Incheon City, which is not the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act, from December 21, 2007 to May 3, 2010.
Summary of Evidence
1. Partial statement of the defendant;
1. The prosecutor's statement concerning the F;
1. Application of a copy of an appraisal report, a photograph, and statutes governing site photographs;
1. Selection of fines (such as that the competent government office has controlled or has not been punished for such reason) by comprehensively taking into account the relevant legal provisions and Articles 63 and 8(2) of the former Wastes Control Act (Amended by Act No. 11914, Jul. 16, 2013);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. Summary of the assertion
(a) Waste rocks shall not constitute wastes under the Wastes Control Act;
(b) Even if not, it constitutes a mistake in law.
2. Determination:
A. Article 2 subparag. 1 of the Wastes Control Act defines wastes as “waste, materials, sludge, waste oil, waste acid, waste egg, dead body of animals, etc., which have no means of human life or business activities.” In light of the purport of the Wastes Control Act, which aims to strictly regulate the discharge of wastes likely to seriously affect the natural environment and living environment, thereby promoting environmental conservation and qualitative improvement in people’s lives, the aforementioned substances discharged from the workplace are the business activities of the workplace in question.