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(영문) 의정부지방법원 2018.05.31 2018고정632
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a breeding house without trade name.

Among persons prescribed by Ordinance of the Ministry of Environment among those who recycle wastes, such as vegetable residues, etc. on their own farmland by using them as composts, etc., who recycle the wastes of another person by using them as feed for livestock raised by himself/herself, shall be equipped with facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment, and shall report thereon to the Mayor/Do governor.

Nevertheless, the Defendant recycled approximately 200 g of food waste (daily quantity: 400 litres) and animal residues (daily quantity: 120 km) brought in from outside the farm while operating a dog breeding farm without trade name from Gyeonggi-si B, Gyeonggi-si to December 7, 2017, which was the date of detection from the date of the date of 2015 to December 7, 2017, and did not report waste treatment to the head of the relevant Si/Ycheon-si, the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. Application of Acts and subordinate statutes to field photograph data at the time of detection;

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

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

1. It is recognized that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act is against the Defendant’s intent to commit a crime, and that the Defendant is the first offender.

However, the Defendant appears to have not implemented the reporting procedure until now, and the general amount of punishment in a similar case of the same kind shall be determined by comprehensively taking into account the balance between the two kinds of punishment and the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, environment, etc.

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