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(영문) 전주지방법원 군산지원 2013.09.26 2013고정491

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the livestock industry by raising 1,200 heads of pigs in Yansan-si. A person who raises livestock or a person who collects, transports, or disposes of livestock excreta shall not ensure that livestock excreta not properly disposed of flows into public waters.

Nevertheless, the Defendant, at around 17:00 on April 11, 2013, did not report the change of discharge facilities to be reported within the above livestock shed (scale extension) and, at the same time, extracted pipes connected to the storage of livestock excreta from livestock pens to discharge livestock excreta to rivers through drainage pipes.

Accordingly, the defendant allowed the discharge of livestock excreta that has not been properly treated into public waters.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of the detection status of DNA preparation;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 49 of the relevant Act on Criminal facts and subparagraph 4 of Article 49 of the Act on the Management and Use of Livestock Excreta Selection of Punishment and Article 10 of the same Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.