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(영문) 인천지방법원 2018.04.26 2018고정723

폐기물관리법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who recycles his/her livestock for food, such as Dong and plant residues, food waste, organic sludge, king, or rice, shall be equipped with necessary equipment and shall report thereon to the competent authority.

Nevertheless, from October 2010 to December 14, 2017, the Defendant recycled food wastes as livestock, without reporting to the competent authorities in Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The application of the law of a copy of the business registration certificate, a letter of accusation, certificate of a violation, photograph related to the violation, and report on business trip to ascertain the status of disposal of reported places of business for recycling food wastes;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant charges are to be partly reduced by taking into account the following: (a) the Defendant recognized the instant facts charged for a long time; (b) the Defendant appears to continue to commit a violation of the Act due to the lack of law, the Defendant’s health status is not good; and (c) the Defendant appears to have a difficult economic situation; and (d) the amount of fine prescribed in the summary order is partially reduced.