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(영문) 대구지방법원 서부지원 2018.08.08 2017고단2155
폐기물관리법위반등
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year and six months of imprisonment with prison labor and two years of suspended execution on November 26, 2016 at the Seo-gu District Court Branch Branch of the Daegu District Court on November 18, 2016, and the judgment became final and conclusive on November 26, 2016 and is currently under suspended execution.

[Criminal facts]

1. No person who violates the Waste Management Act shall dispose of industrial wastes in any place other than those prepared by a Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, head of a Si/Gun/Gu or a park, etc.

Nevertheless, on March 31, 2017, the Defendant: (a) moved waste equivalent to 500 km from a place of business, including PEG-400 1 horse, Da Co-learning 1 horse, which is a designated waste-free fiber plant located in Daegu-gun, Daegu-gun; (b) moved waste from a place of business to a cargo vehicle driven by D, the Defendant’s agent of the Defendant; and (c) dumped waste from the said place of business in Daegu-gun-gun, Daegu-gun, a place other than a place or facility installed in the competent office, etc., without permission.

Accordingly, the defendant laid down industrial wastes in places other than those prepared by the head of the Si/Gun/Gu or the manager of the facilities such as parks and roads to collect wastes.

2. A person who intends to install, or is operating, a chickens breeding facility the area of which in violation of the Act on the Management and Use of Excreta is at least 200 square meters but less than 3,000 square meters shall report to the competent authority;

Nevertheless, the Defendant, from May 2016 to July 25, 2017, installed a vinyl house in Daegu-gun F without reporting it to the competent authority, and operated approximately approximately 252.96 m2, and raised 100 malcium by raising her chickens.

Accordingly, the defendant established and operated a chickens breeding facility without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Public officials' statements;

1. A non-violationic photograph and related photograph;

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