(영문) 대구지방법원 김천지원 2018.08.16 2018고정194



A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.


Punishment of the crime

The Defendant, in the “C farm” located in Kimcheon-si, installed and operated a chickens livestock breeding facility (area 900 square meters) that constitutes livestock excreta emission facilities.

A person who intends to install a facility for raising livestock with a size of at least 200 square meters and less than 3,000 square meters among discharging facilities shall file a report on the installation of a facility for discharging livestock excreta with the competent authority, and a person who uses livestock or a person who collects, transports, or disposes of livestock excreta shall not make livestock not treated appropriately flow into the public waters under subparagraph 9 of Article 2 of the Water Quality and Their Incubation Conservation Act.

Although the Defendant operated the waste-generating facility to the competent authority without filing a report on the installation of discharge facilities, and it was sufficiently predicted on January 19, 2018 that wastewater, which was in a compost company, might be mixed with livestock excreta, and flow into a public water zone in the vicinity of the snife and snife farm, the Defendant neglected to dispose of livestock excreta immediately on the ground that snife and siffs are in siffic, and that livestock excreta in a compost company could be flow into a neighboring public water zone. < Amended by Act No. 15204, Jan. 1, 2018>

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (limited to attachment of field photographs), a written accusation, and a report on investigation (limited to the quantity of foul waste produced);

1. Relevant Article 50 of the Act on the Management and Use of Excreta, Articles 50 subparagraph 4, 11 (3) of the Act on the Management and Use of Excreta (Installation of Unreported Discharge Facilities), Article 49 subparagraph 4 of the Act on the Management and Use of Livestock Excreta, Article 10 (1) of the Act on the Management and Use of Excreta, and selection of fines for each offense;

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

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;