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(영문) 의정부지방법원 2013.11.20 2013고단2561
폐기물관리법위반등
Text

Defendant

A shall be punished by a fine of KRW 7 million, Defendant B, and C, respectively, by a fine of KRW 5 million.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a person who, from around September 201, run a “E farm” farm that is a mountain mountain breeding in Gangwon-gu Iron-gun, Gangwon-gu.

A person who recycles wastes of food wastes, etc. in violation of the Wastes Control Act by using them as food for his/her own livestock, etc. shall prepare facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment and report them

Nevertheless, the Defendant, without reporting to the competent authority from September 201 to May 9, 2013, brought in the said “E farm” from around September 201, to around May 9, 2013, based on the condition that he receives treatment expenses (a total of KRW 104,500,000 per ton) equivalent to KRW 20,00 per ton of the food waste, which is a food waste from “F farm” operated by B, from “F farm” to “F farm,” and used it as food waste from the cattle breeding by the Defendant.

(b) A person who intends to install waste-generating facilities exceeding the size prescribed by Presidential Decree, such as a chickens breeding facility with an area of at least 150 square meters in violation of the Act on the Management and Use of Livestock Excreta, shall prepare a plan for the installation of waste-generating facilities and report it to the competent authority, as prescribed by Presidential Decree

In addition, a person who raises livestock shall not ensure that livestock excreta not properly disposed of is discharged into public waters.

Nevertheless, from September 201 to May 10, 2013, the Defendant: (a) operated the said “E farm” (a scale: approximately 11,468 square meters; (b) 4 Dong 2,529.14 square meters; and (c) 27,000 square meters: 27,00 square meters; and (b) did not report to the competent authority on the change of the name of the discharge facilities; and (b) did not put about 238 tons (poly: 0.14km/1 day per two parties), mixed with the remaining food wastes, chickens wastes, etc., and went beyond this place.

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