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(영문) 수원지방법원 2019.08.22 2019고단2739
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was operating the “C” in the G when he is in harmony.

Anyone who intends to engage in the business of collecting, transporting, recycling or disposing of wastes shall obtain permission from the Mayor/Do governor.

Nevertheless, on September 2016, the Defendant collected waste equivalent to approximately 300 tons of waste synthetic resin, waste tap water, etc. from a factory, etc. in which it is difficult to identify the place of ionion or lower due to operating D freight vehicles without obtaining permission from the first patrolman to the second patrolman on December 2017, and transported them to the said place of business.

Accordingly, the Defendant carried out waste collection and transportation business without obtaining permission from the Mayor/Do governor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. E statements;

1. Request to investigate violations of the Wastes Control Act;

1. Application of the Act and subordinate statutes to report on the fire, on-site photographs, and business travel cards;

1. Article 64 of the Wastes Control Act and Articles 64 subparagraph 5 and 25 (3) of the same Act and the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act, and the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the arguments of this case.

- The quantity of stored wastes is large and their nature is not good in light of the kinds of wastes / there is no effort to dispose of environmental pollution / stored wastes due to a fire generated from wastes (the land owner shall bear the cost exceeding 300 million won) / The land owner’s strict penalty - the half of the land ownership - no criminal record of the same kind;

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