Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

[Criminal Power] On December 20, 2019, the Defendant was sentenced to imprisonment for four months at the Changwon District Court on the violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the suspended execution for two years, and the said judgment becomes final and conclusive on the 28th of the same month.

【Criminal Facts】

The defendant operates a breeding house in Kimhae-si B.

A person who intends to recycle food wastes for his/her own food as drinking shall prepare facilities and equipment in accordance with the standards prescribed by Ordinance of the Ministry of Environment and report them to the competent authority.

Nevertheless, from May 2013 to November 20, 2019, the Defendant, without reporting to the competent authorities at the above location, collected and crushing daily approximately 30 kilograms of food waste at a general restaurant located in the Kimhae-si, Kimhae-si, etc., and recycled them as 66-mari, which he raises.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to judgments imposed on suspect environment-related Acts and subordinate statutes), application of written judgments;

1. Article 66 of the Wastes Control Act and Articles 66 (1) 2 and 46 (1) of the same Act and the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the various circumstances that form the conditions for sentencing specified in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: The crime was committed over a considerable period of time, the favorable circumstances such as the fact that the breeding house itself has been operated illegally: the defendant repents and reflects the defendant's wrong, and considering the relation of latter concurrent crimes of Article 37 of the Criminal Act.