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(영문) 전주지방법원 2015.01.06 2014고단816
폐기물관리법위반
Text

Defendant

A A shall be punished by a fine of KRW 10,000,000, and by a fine of KRW 5,000,000, respectively.

Defendant .

Reasons

Criminal facts

1. The defendant A is the representative of the farming association corporation B that operates a fish farm in Kim Jong-si, and no one may reclaim or retire wastes at a place other than the waste disposal facilities permitted, approved, or reported.

Nevertheless, from August 2013 to March 21, 2014, the Defendant buried approximately 500 pigs, which were naturally abandoned in the course of raising pigs, in the said mass farm, in the said farm livestock shed, not waste disposal facilities, but in the said farm livestock shed, 5 Dong Dong Dong Dong and 6 Dong Dong Dong Dong.

2. Defendant B’s representative of Defendant B’s agricultural partnership Defendant A committed the same offense as set forth in paragraph (1) above with respect to the corporation’s business.

Summary of Evidence

1. A legal statement made by the representative director of the defendant A and the defendant B;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to reports on results, certificates of violation, field photographs, certified transcript of corporate register, permission for the installation of livestock excreta discharge facilities, certificates of waste disposal, copies of land sales contracts, construction waste disposal certificates, and

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Article 63 Subparag. 2 and Article 8 Subparag. 2 of the Wastes Control Act, the selection of a fine (i.e.,: (a) the Defendant’s confession of the instant crime; (b) the Defendant recovered land by digging out both pigss to the original state so that the Defendant does not pollute the surrounding land environment; and (c) the present situation is ordinarily incinerated by installing a carcass disposal facility installed in the said mass farm facilities; and (d) the neighboring residents of the said mass farm facilities want the Defendant’s wife; and (e) the circumstances favorable to the Defendant are favorable to the Defendant.

B. Article 67, Article 63 subparag. 2, and Article 8 subparag. 2 of the Wastes Control Act

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

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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