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(영문) 창원지방법원 거창지원 2016.07.21 2016고정60
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

A person who intends to recycle a Dong/ve plant residues, food waste, organic sludge, spawn, or rice spawn in his/her own farmland as composts, or as a consequence of using livestock as composts, etc. shall prepare facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment and report it to the Mayor/Do Governor.

Nevertheless, from January 2016 to April 11, 2016, the Defendant did not report to the competent authority on farmland managed by the Defendant located in Gohap-gun B and used approximately 900 km of food waste as the compost of livestock and farmland raised by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 66 subparagraph 2 of the relevant Act and Article 46 (1) 1 of the Waste Management Act (opportune selection) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the first offender, and there are circumstances that may be considered in the process of committing the crime. In particular, after the indictment of this case, the above food waste was entirely disposed of about 900 km, and during that period, the fact that the defendant performed voluntary activities for the community is favorable to the defendant.

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