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(영문) 수원지방법원 평택지원 2017.05.18 2016고단2495
폐기물관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to dispose of wastes shall ensure that wastes are not scattered or leaked in the course of collection, transportation, and storage, and that such wastes are not leaked;

Nevertheless, the Defendant, at around 18:00 on July 18, 2016, caused the surrounding environment by leaving the body parts and bodies of all animals, such as livestock (opens) and carcasses, and the dead chickens’s carcasses, etc., into a dry field near the area where the body parts and bodies were abandoned without any measure taken by the Defendant at the waste disposal site operated by D Company Co., Ltd. (hereinafter “C”).

2. The head of a Si/Gun/Gu or the head of a Si/Gun/Gu having jurisdiction over the location of the livestock, in cases of livestock (meines and chickens) who died of an unidentified disease, whose name of disease is not obvious in violation of the Prevention and Prevention of Contagious Diseases Act;

Nevertheless, on July 18, 2016, the Defendant did not report to the competent authority on July 18, 2016, and did not leave the place of waste treatment at the D Company's waste disposal center located in Ansan-si C, such as livestock (open, chickens), peted chickens's carcass, and various animal body parts and carcasses.

3. Any person who intends to construct a temporary building in a planned urban or Gun planning facility or planned urban or Gun planning facility site in violation of the Building Act shall obtain permission from the competent Mayor;

Nevertheless, the Defendant installed two containers of 18 square meters for each residential and warehouse without obtaining permission from the competent authorities in Ansan-si D companies in 2012 in order to use 18 square meters for each residential and warehouse purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of the police against the accused, E, or F;

1. Application of Acts and subordinate statutes to on-site photographs, reports on results of business trips, and reports on results;

1. Article 66 subparagraph 1 of the Act on the Prevention of Contagious Diseases and Article 66 subparagraph 1 of the Preliminary Waste Management Act (the point of violation of the duty to report dead livestock), Article 13 subparagraph 1 of the Act on the Prevention of Contagious Diseases (the point of violation of the duty to report), and Article 56 subparagraph 1 of the Act on the Prevention of Contagious Diseases (the point of violation of the duty to report).

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