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(영문) 부산지방법원 동부지원 2016.04.15 2015고정1541

폐기물관리법위반등

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who raises livestock, such as pigs and cattle, in the trade name of the captain of Busan-gun C.

1. Any person who violates the Waste Management Act shall prepare facilities and equipment in compliance with the standards prescribed by Ordinance of the Ministry of Environment and report to the Mayor/Do Governor on the compost of his/her own farmland or the recycling of food wastes, etc. for eating animals;

Nevertheless, even if the Defendant recycled food waste (average 100 km a day) collected from a general restaurant, such as a document of Busan Jin-gu and a swimming-gu, from around 2010 to July 23, 2015, from 180 maris and cattle 20 maris raised in the above C, the Defendant did not report waste treatment to the competent authority.

1. Where a person who intends to raise livestock in violation of the Act on the Management and Use of Excreta intends to install waste-generating facilities exceeding the scale prescribed by Presidential Decree, he/she shall file a report with the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, as prescribed by Ordinance of the Ministry of Environment. However, while raising pigs and cattle at the same time and at the same place, the Defendant did not file a report with the competent authority on the installation and operation of excreta-generating facilities in excess of 336 meters of the scale of the root of 36 meters, which is the standard area

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each letter of violation, on-site photographs and statutes;

1. Article 66 subparagraph 2 of the relevant Act and Article 46 (1) 1 of the Waste Management Act (non-reported recycling point), Article 50 subparagraph 4 of the Act on the Management and Use of Excreta, and Article 11 (3) of the Act on the Management and Use of Excreta (which means installation of non-reported discharging facilities) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;