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(영문) 전주지방법원 군산지원 2014.09.11 2014고정278

폐기물관리법위반

Text

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

Defendant

B If a fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Defendant B

(a) Any person who intends to collect, transport, store, or dispose of wastes shall ensure that wastes are not scattered or leaked, and that the water effluent is not leaked;

Nevertheless, around 10:40 on August 23, 2013, the Defendant stored and disposed of food wastes, which are wastes brought in by Yasan City C, in an improper manner, such as livestock waste, slaughter and wastewater treatment sludge, food and plant wastewater treatment sludge, animal and plant residues, livestock waste treatment sludge, livestock waste treatment sludge, water supply, and so forth, thereby discharging water into nearby agricultural waterways.

(b) A person who intends to produce manure through recycling of livestock excreta in violation of the Act on the Management and Use of Livestock Excreta shall ensure that a person does not discharge livestock excreta from a disposal facility, equipment, etc. or discharge malodor;

Nevertheless, the Defendant destroyed the roof of a disposal facility at the same time and place as the above paragraph (a) so that livestock excreta recycling-finished products can flow out from storage facilities.

2. The Defendant A’s representative director, the Defendant A Co., Ltd., leaked the water from the Defendant’s business as referred to in paragraph (1) above.

Summary of Evidence

1. Defendant B’s legal statement

1. Examination protocol of police suspect regarding D;

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

1. Article 67 of the Wastes Control Act, Article 66 subparagraph 1 of the same Article, Article 13 (1) - Defendant B: Article 66 subparagraph 1 of the Wastes Control Act, Article 13 (1) of the Act on the Management and Use of Livestock Excreta, Article 51 subparagraph 6 of the same Article and Article 27 (3) of the Act on the Management and Use of Livestock Excreta (the selection of fines in cases where all the defendants are selective);

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

1. Articles 70(1) and 69(2) of the Criminal Act against Defendant 2 at a workhouse;