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(영문) 수원지방법원 성남지원 2018.10.26 2018고정938

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a breeding house with the trade name of “D” in Gwangju City.

A person who installs and operates a rubber discharge facility (standard: at least 60 square meters) of livestock excreta discharge facilities not subject to permission, shall file a report on the installation of a livestock excreta discharge facility with the head of the competent administrative agency, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, from July 25, 2013 to July 4, 2018, the Defendant installed and operated a 99.36 square meters (two heads of livestock breeding facilities: 50 to 60 square meters) of a breeding facility in the said place, and did not file a report on the installation of a facility for discharging excreta with the head of the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to reports, location maps and field photographs, field photographs, and satellite photographs;

1. Article 50 of the Act on the Management and Use of Excreta and Articles 50 (4) and 11 (3) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is the confession and reflect of the crime of this case, the defendant appears to have removed a considerable part of the existing breeding facilities, and other factors, taking into account the defendant's economic situation, etc., the amount of the fine specified in the summary order shall be partially reduced.