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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. A person who intends to install, installs, or operates a waste-generating facility of at least 60 square meters, such as livestock pens and playgrounds, in the course of raising livestock in violation of the Act on the Management and Use of Excreta, etc. shall report to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment;
Nevertheless, the Defendant, from September 20, 2017 to June 5, 2018, operated a stable of approximately KRW 273.6 square meters located in Nam-si B, Nam-si, Namyang-si, and raised livestock by installing waste-generating facilities without filing a report with the competent authority.
2. The Defendant in violation of the Waste Management Act is a person who operates a livestock shed.
When a person intends to recycle food wastes, he/she shall report the relevant items, method, etc. to the competent authority.
Nevertheless, from around 2008 to June 5, 2018, the Defendant recycled food wastes by using food wastes collected from restaurants, etc. as food for livestock (opens) raised from the said livestock shed without reporting to the competent authorities.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation, written statement, on-site photograph, and written confirmation of violation;
1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);
1. Relevant Article 50 of the Act on the Management and Use of Excreta, Articles 50 subparagraph 4 of the same Act, Article 11 (3) of the Act on the Management and Use of Excreta that has been selected as a type of crime (applicable mutatis mutandis to a failure to report an emission facility of excreta), Article 66 subparagraph 2 of the Waste Management Act, and Article 46 (1) of the Waste Management Act (applicable mutatis mutandis to a failure to report food waste recycling),
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. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that the Defendant recognized all the criminal facts of the instant case, and is contrary to his mistake, and the removal of the instant livestock excreta discharge facilities.