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(영문) 의정부지방법원 고양지원 2019.06.28 2019고단1419
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the Minister of Environment or a Mayor/Do Governor after having facilities, equipment, and technical capacity in compliance with the standards prescribed by Ordinance of the Ministry of Environment, and a person who recycles wastes, such as animals and plants, by using them as composts on his/her own farmland and who is prescribed by Ordinance of the Ministry of Environment shall prepare facilities and equipment

Nevertheless, the Defendant, while operating “C farm” in the Gyeonggi-si, received permission from the Mayor/Do Governor on March 26, 2019, collected approximately 2,000 g of food waste from the restaurant and military unit located in the Gyeonggi-si, and transported it to the farm. On the same day, the Defendant used food waste collected from the above farm as livestock feed without reporting it to the Mayor/Do Governor on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of statutes on field photographs;

1. Article 66 subparagraph 2 of the relevant Act on the facts constituting an offense, subparagraph 1 of Article 46 (1) of the Wastes Control Act and Article 46 (1) 1 (unreported Recycling of Wastes, Selection of Imprisonment, and Selection of Imprisonment) of the same Act, subparagraph 5 of Article 64 and Article 25 (3) of the Wastes Control Act (Unauthorized Waste Disposal, Points of

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act has a record of being punished several times for the same crime, there is no record of punishment exceeding the fine, all of the crimes in this case are recognized, and the fact that it is against one's wrongness, and that it will be recycled after obtaining permission, considering favorable circumstances. Other records and arguments of this case are shown in the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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