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(영문) 수원지방법원 여주지원 2020.05.15 2020고정132
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 6, 2020, the Defendant was sentenced to a suspended sentence of one year in April of imprisonment without prison labor due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) at the Suwon District Court's branch, and the judgment became final and conclusive on the 14th of

A person who recycles wastes, such as animals and plants residues, into his/her farmland by using them as composts, etc. shall prepare facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment and report thereon to the Mayor/Do Governor.

Nevertheless, the Defendant, without reporting to the competent authority from January 2, 2020 to October 10 of the same month, used the vegetable residues, which is a vegetable residues, in two parcels outside Gyeonggi-gun, Gyeonggi-gu, and 2, which are the Defendant’s farmland.

Summary of Evidence

1. Defendant's legal statement;

1. A business trip name, a letter of business trip, and an on-site photograph;

1. C’s statement;

1. Statement of D;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Subparagraph 2 of Article 66 of the Wastes Control Act and Article 46 (1) 1 of the same Act concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The fact that several times of punishment for the same kind of crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has been imposed shall be considered under unfavorable circumstances, such as the time limit, equity with the case where all the criminal facts have been tried together with the final judgment.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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