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(영문) 인천지방법원 부천지원 2017.02.17 2017고정89
폐기물관리법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Waste Management Act is a person who operates an open breeding farm in Kimpo-si B.

Any person who recycles food wastes for his/her own food as feed shall file a report on the disposal of wastes with the competent administrative agency.

Nevertheless, from April 2014 to July 14, 2016, the Defendant recycled food wastes to the competent authorities without reporting waste disposal at the above farm.

2. No person who violates the Act on the Conservation of Water Quality and Aquatic Ecosystems shall throw excreta, livestock excreta, animal carcass, wastes, or sludge in a public water zone without justifiable grounds;

Nevertheless, around July 11, 2016, the Defendant laid approximately 100-liters of food waste recycled from the above farm into a nearby agricultural waterway, a public water area.

3. A person who intends to install a 60 square meters or more in size among livestock waste-generating facilities in violation of the Act on the Management and Use of Excreta, or a person who installs and operates a ring house shall file a report thereon with the competent administrative agency;

Nevertheless, from April 2014 to July 14, 2016, the Defendant installed a dog raising facility with a size of 300 square meters, which is a livestock excreta discharge facility, without reporting the establishment to the competent authority at the above farm, and raised approximately 300 mixs at that place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A certificate of violation;

1. Application of Acts and subordinate statutes governing violations;

1. Article 66 subparagraph 2 of the Wastes Management Act, Article 46 (1) 1 of the same Act (including a report on a failure to report a waste treatment), Article 78 subparagraph 3 of the Water Quality and Aquatic Ecosystem Conservation Act, and Article 15 (1) 2 of the same Act (a failure to report a waste disposal) concerning facts constituting an offense, and Articles 50 subparagraph 4 and 11 (3) of the same Act (a failure to report a waste disposal);

1. Selection of each alternative fine for punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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