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(영문) 의정부지방법원 고양지원 2014.02.20 2013고정1493
가축분뇨의관리및이용에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant B

(a) Any person shall prepare facilities prescribed by Ordinance of the Ministry of Environment to recycle food wastes as livestock and feed, and file a report on the disposal of wastes with the competent authority;

Nevertheless, the Defendant, without reporting to the competent authority from January 15, 2013 to May 10, 2013, used the DNA vehicle owned by the Defendant to transport food waste 29,000 liters (50 liters a day) collected from the 185 E as a dog for the operation of the Defendant in the field of strike, and recycled them by using it as a dog for its own raising.

(b) Any person who intends to engage in the business of collecting, transporting, recycling or disposing of food wastes shall obtain permission from the competent authority, as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, the Defendant did not obtain permission from the competent authorities, and the Defendant did so from March 2013 to May 1, 2013.

As stated in paragraph 185, food waste 2,400 liter (2,400 liter on March 7, 2013, 1,500 liter on April 1, 2013, 200 liter on May 2013, 201) collected in the 185 liter’s solidarity carried out the business of collecting and transporting waste without permission by transporting it to the “G farm” liter, etc.

2. From around September 2009 to May 1, 2013, Defendant A installed a g farm with a size of 2,930 square meters in “G farm” located in “G farm in Pakistan and raised approximately 150 m2,00 square meters and discharged approximately KRW 340.425 m25m (one day per mam) from which the Defendant used livestock wastewater not discharged into a disposal facility among livestock excreta with a volume of approximately 340.425m (one day per 1mam) and the dus generated from the dog installed in the batus, thereby flowing them into a neighboring river of public waters.

Summary of Evidence

1. Defendants’ partial statement

1. Partial statement of the witness H in the court;

1. Each police interrogation protocol against the Defendants

1. A contract for the entrustment of disposal of residual waste for 13 years;

1. The investigation report (the control of one-day swine and a single farm in a strike).

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