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(영문) 청주지방법원 영동지원 2021.02.09 2020고정40
폐기물관리법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who raises livestock, such as cattle, dog, etc., in the Chungcheong-gun B.

A person prescribed by Ordinance of the Ministry of Environment, who recycles wastes, such as vegetable residues, into his/her own farmland by using them as composts, etc., shall be equipped with facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment, and shall report to the Mayor

Nevertheless, the Defendant, from around December 2018 to September 3, 2019, raised a dog at the same place without reporting to the Cheongbuk-do Governor, and recycled food wastes into one’s dog by mixing them with the opening of feed.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a report on control of violation of the Wastes Control Act and Acts and subordinate statutes on photographed site;

1. Article 66 subparagraph 2 of the relevant Act concerning facts constituting an offense, Article 66 subparagraph 1 of the Waste Management Act, Article 46 (1) 1 of the selective waste management Act, Article 66 (2) of the Enforcement Rule of the Waste Management Act, Article 66 (4) and 4 [Attachment 16], subparagraph 3 (a) (iv) of the attached Table 4-2, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is one of the most likely crimes because the defendant's act of recycling food wastes by eating livestock for food without reporting it to the Mayor/Do Governor, which is equipped with facilities and equipment in compliance with the standards set by law, is likely to cause environmental pollution and harm to the public health.

Defendant has been punished by a fine for a violation of administrative Acts and subordinate statutes on three occasions.

However, the defendant shows his attitude to recognize and reflect the crime of this case.

In addition, in full view of all the circumstances, including the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, the punishment is determined as ordered.

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