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(영문) 창원지방법원 거창지원 2016.01.20 2015고정100

가축분뇨의관리및이용에관한법률위반

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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who raises approximately 900 pigss at the time with the permission to install a facility for discharging foul waste in the “C farm” located in Gohap-gun B.

On August 24, 2015, the Defendant tried to remove existing livestock penss for the business of modernization of livestock pens in the above C farm. As such, the Defendant had a duty of care to prevent livestock excreta from being leaked, such as discharging livestock excreta in the existing livestock shed floor to treatment facilities in advance, or treating livestock excreta in the vicinity of the transfer pipe so that livestock excreta can not be leaked.

However, the Defendant neglected this and caused the transport manager to be destroyed during the course of construction due to the negligence of the construction work that caused the construction contractor to stop, and discharged livestock excreta from the transport pipe to the nearby farm water due to the leakage of approximately 0.5 cubic meters of livestock excreta in the transport pipe to the outside.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of accusation, written confirmation of violation, on-site photograph-related Acts and subordinate statutes;

1. Subparagraph 6 of Article 50 and Article 17 (1) 1 of the Act on the Management and Use of Excreta in connection with a crime committed;

1. Selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;