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(영문) 대구지방법원 김천지원 2014.02.12 2013고정685

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of a farm where pigs are raised in the Gumi-si B.

No person shall reclaim or incinerate wastes in any place other than a waste disposal facility permitted, approved, or reported.

Nevertheless, around December 10, 2012, the Defendant: (a) died of approximately 1,00 pigss due to fire in the above C; (b) buried the said swine’s body, which is waste by using the excavated machine, etc. without reporting it to the competent authorities on the 16th day of the same month; (c) buried the said pigs’s body in the front box of the farm; (d) on the 22th day of the same month, the occurrence of a re-motor vehicle fire; and (e) on the 550-mas from January 10, 2013 to the 14th day of the same month, the Defendant then buried the said swine’s body, which is waste, in the above manner without reporting it to the competent authorities; and (e) buried the said body in the farm air

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, and H;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 63 of the former Wastes Control Act (amended by Act No. 11914, Jul. 16, 2013); Articles 63 and 8(2) of the former Wastes Control Act (amended by Act No. 11914, Jul. 16, 201)

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

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

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