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(영문) 의정부지방법원 고양지원 2018.11.30 2018고정976
폐기물관리법위반
Text

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

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

Reasons

Punishment of the crime

The defendant was a person who operated a breeding house in Soyang-gu C.

A person who intends to use wastes, such as vegetable residues, in his/her own farmland as compost or recycle livestock, etc. shall be equipped with facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment and report to the Mayor/Do Governor.

Nevertheless, on June 2017, the defendant, without reporting it, used animal residues to use it as a bath in the vegetable breeding place.

Summary of Evidence

1. Statement by the defendant in court;

1. A written charge filed by the head of Gyeyang-gu Goyang-gu Office;

1. A control statement of D;

1. Application of statutes on site photographs;

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. The scale and frequency of the sentencing of Article 334(1) of the Criminal Procedure Act, the general amounts of punishment in cases of the same or similar kind of punishment in consideration of the defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, etc., and the punishment as ordered shall be determined by taking into account all factors of punishment as shown in the argument of the instant case, such as the defendant’s age, sex, behavior, environment, motive for the crime.

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