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(영문) 의정부지방법원 2016.06.09 2016고정182
폐기물관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Wastes Control Act shall recycle wastes, such as plant residues, etc., on his/her own farmland by using such wastes as composts, without reporting thereon to the Mayor/Do Governor;

Nevertheless, the Defendant, from the end of February 2015 to April 13, 2015, raised approximately 1,500 chills in Macheon-si B from the end of Macheon-si to the end of April 13, 2015, purchased daily food wastes on an average of approximately 200 litress per day from those who are in an unsound name without reporting to the Macheon-si Mayor.

Accordingly, the Defendant, without reporting to the Macheon City Mayor, recycled wastes such as Dong and plant residues.

2. A person who intends to install a chickens 200 square meters or more but less than 3,000 square meters among livestock waste-generating facilities in violation of the Act on the Management and Use of Excreta shall report thereon to the head of a Si/Gun/Gu;

Nevertheless, from the end of February 2015 to April 13, 2015, the Defendant installed a chickens raising facility of a size of 2,970 square meters in size without reporting to the Macheon City Mayor, B, and raising approximately 1,500 mars by using it.

Summary of Evidence

1. Statement by the defendant in court;

1. Certificates for each violation;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 66 subparagraph 2 of the relevant Act, Article 66 subparagraph 1 of the Waste Management Act (unreported recycling point), Article 50 subparagraph 4 of the Act on the Management and Use of Excreta, and Article 11 (3) (including installation of unreported discharging facilities) of the Act on the Management and Use of Excreta, the selection of fines for each crime;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have any record of any other crime except for the punishment of a fine in 1996. The fact that the defendant recognized the instant crime and reflects the fact, age, sex, environment, motive of the crime, means and consequence of the crime.

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