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(영문) 의정부지방법원 2018.07.04 2018고정682
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

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, from November 16, 2017, the date of detection by the Defendant, from around the date of 2007 to around November 16, 2017, “C” was recycled by recycling approximately 400 g of food waste (use of 800 gg per day) brought about to a dog breeding in the farm while operating an open raising farm in its trade name, and did not report waste disposal to the head of the relevant administrative agency, the Macheon City Mayor.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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