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(영문) 의정부지방법원 2018.11.28 2018고정1385
가축분뇨의관리및이용에관한법률위반등
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. A person who recycles wastes, such as vegetable residues, in violation of the Wastes Control Act, by using such wastes as composts on his/her own farmland as composts, shall report thereon to the Mayor/Do Governor;

Nevertheless, the defendant from February 15, 2018 to the same year.

6. Until June 2, 200, “C farm” operated by oneself in Nam-si, Nam-si, without reporting to the competent authorities, collected food wastes of 1,00-liters per day from restaurants ( = 5 x 200-liter/ Tong) and recycled them as livestock, raised from the above farm.

2. A person who intends to install, or installs or operates, a waste-generating facility of at least the size prescribed by Presidential Decree (60m2) among discharging facilities not subject to permission for violating the Act on the Management and Use of Excreta shall report to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the defendant from January 20, 2012 to the same year.

6. Until June 6, 200, 411 square meters of livestock excreta discharge facilities ( =0.93m x 1.7m x 260 m) were raised using approximately 41 square meters of livestock excreta discharge facilities without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. Application of statutes on site photographs;

1. Article 66 subparagraph 2 of the relevant Act, Article 46 subparagraph 1 of the Waste Management Act (including the fact that a report is not filed on waste treatment), Article 50 subparagraph 4 of the Act on the Management and Use of Excreta, and Article 11 subparagraph 3 of the same Article (including the fact that a report is not filed on waste treatment), the selection of fines for each offense;

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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