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(영문) 의정부지방법원 2018.09.12 2018고정1001

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who recycles wastes, such as Dong vegetable residues, etc., into his/her own farmland by using them as composts, etc. shall prepare facilities and equipment in compliance with the standards prescribed by Ordinance of the Ministry of Environment and report thereon to the Mayor/Do Governor.

Nevertheless, the Defendant, from January 18, 2018 to January 30, 2018, raised 50 horses from Yangju-si B to January 30, 2018, and recycled food wastes on an average of approximately 100 km per day without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. Application of statutes on field photographs;

1. Article 66 subparagraph 2 of the relevant Act and Article 46 (1) 1 of the Waste Management Act (opportune selection) concerning facts constituting an offense;

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

1. It is recognized that the Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order reflects on the time of committing a crime.

However, even though the Defendant had been punished twice for the same kind of crime in the past, he/she repeatedly committed this case. The general punishment in the same kind of similar case is determined by taking into account balance between the two, the circumstances before and after the instant crime, the age of the Defendant, sexual conduct, environment, etc.