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(영문) 대구지방법원 2015.04.17 2015고정228

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Anyone who intends to install emission facilities exceeding the scale prescribed by Presidential Decree among emission facilities not subject to permission shall report to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the Defendant, without reporting to the head of Cheongdo Gun, installed a stable with a size of 702 square meters from January 10, 2013 to November 19, 2014, and raised the lawsuit using the discharge facilities.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 50 Subparag. 3 of the Act on the Management and Use of Livestock Excreta (Amended by Act No. 12516, Mar. 24, 2014) and Article 11(3) of the same Act concerning facts constituting a crime;

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

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