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(영문) 의정부지방법원 2014.04.14 2013고단4239
폐기물관리법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

1. Defendant A is a person who raises livestock in the trade name of “F farm” by establishing a swine stable, remodeling shed, etc. on the land of Pyeongtaek-gun, Gyeonggi-do.

(1) The head of a Si/Gun/Gu, or the head of a Si/Gun/Gu, or the manager of a facility, such as a park or a road, shall not dump wastes in any place other than the one prepared for the collection of wastes. Nevertheless, since it is obvious that the Defendant is Defendant B in writing on the land of Pyeongtaek-Gun, Gyeonggi-do, in which the aforesaid F farm operated by the Defendant is located from June 30, 2012 to May 30, 2013, the Defendant: (a) as corrected, contaminated the food waste of approximately KRW 157.2 cubic meters from the collection of the food waste with excreta, livestock, bones, etc. raised by the Defendant; and (b) dumped the food waste of a place of business equivalent to approximately 157.2 cubic meters from the collection of the food waste with the bones livestock

Nevertheless, during the period from June 2012 to May 30, 2013, the Defendant, without reporting waste treatment to the head of Pyeongtaek-si in the F farm like the foregoing paragraph (1), provided food wastes of an average of 450 square meters per day to Defendant B, and recycled them into pigs and dogs that Defendant raises. (B) Feed for which the process of violating the Control of Livestock and Fish Feed Act has been established should be used after heating and treating at least 30 minutes from the heart temperature-based 80° in accordance with the feed process. Nevertheless, during the period from June 201 to May 30, 2013, the Defendant used food wastes transferred from the F farm as feed and used as livestock feed without heating in accordance with the feed process. (c) No person in the public waters violation of the Public Waters Management and Reclamation Act shall dispose of pollutants, such as wastes, dead animals, and livestock excreta, without justifiable grounds.

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