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(영문) 인천지방법원 2017.05.26 2017고정1101
폐기물관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in the livestock industry.

A person who intends to use food wastes, such as vegetable residues, on his/her own farmland, for compost or recycling of his/her livestock, shall submit a report thereon to the competent authority, along with food waste disposal facilities or recycling facilities.

Nevertheless, the Defendant, without reporting to the competent authorities from September 2014 to January 3, 2017, collected two food wastes from food waste bags located in the restaurants and on the street in Incheon Metropolitan City and Kimpo-si on a daily basis, and used them as cather feed, which is raised within the livestock pens located in Incheon-gun, Incheon-gun, without installing food waste disposal facilities or recycling facilities.

2. No person shall use by-products, remaining foods, etc. of animals, etc. prohibited from using such animals as feed because it is likely to cause a disease, such as animals determined and publicly notified by the head of a food, agriculture, and livestock industry, as feed;

Nevertheless, the Defendant used food wastes collected as above as feed of 5,00 mari from September 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written accusation for the preparation of the number of reinforced military units;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 66 of the relevant Act and Articles 66 subparagraph 2 and 46 (1) 1 of the Waste Management Act (the point of disposal of unreported wastes), Articles 33 subparagraph 2 and 14 (2) and 14 (1) 7 of the Feed Management Act (the point of use of prohibited feed) concerning facts constituting an offense, the selection of fines, respectively;

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. Article 70(1) and Article 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;

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