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(영문) 대전지방법원 천안지원 2020.04.28 2019고정732

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

3.2

Reasons

Punishment of the crime

Anyone who intends to recycle wastes, such as animals and plants residues, on his/her own farmland by using them as composts, shall prepare facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment and report thereon to the Mayor/Do Governor.

Nevertheless, from September 2, 2019 to September 25, 2019, the Defendant recycled food waste and animal residues collected from nearby restaurants and livestock processing enterprises, etc., without reporting to the competent authorities, as his/her own livestock feed.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on the site of violation, a business trip site photograph;

1. Article 66 subparagraph 2 of the Wastes Control Act and Article 46 (1) 1 of the same Act and Article 46 (1) of the same Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act suspended execution (the fact that the defendant appears to legally recycle wastes by filing a report on waste treatment around December 20, 2019, and the defendant has no special criminal record except for the minor fine and one time);