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(영문) 수원지방법원 2014.09.25 2014고정1476

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person who recycles wastes, such as animals and plants residues, food wastes, etc., for his/her own livestock, 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, from October 2013 to November 1, 2013, the Defendant recycled the food wastes from the “D farm” operated by the Defendant, which was in fluent C, to the livestock raising in the farm without reporting to the Mayor/Do Governor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. A written accusation;

1. A public notice of a report on installation of emission facilities subject to reporting, or a report on disposal of food wastes;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of receipt of official documents pertaining to food wastes);

1. Article 66 Subparag. 2 of the former Wastes Control Act (amended by Act No. 12321, Jan. 21, 2014) and Article 46(1)1 of the former Wastes Control Act (amended by Act No. 12321, Jan. 21, 201); “Article 46(2)” appears to be erroneous.

Selection of Fines

1. Articles 70 (1) 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;