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(영문) 수원지방법원 2017.01.12 2016고정2644

가축분뇨의관리및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

A person who intends to install, installs, or operates an emission facility of at least 100 square meters which is a scale prescribed by Presidential Decree among facilities discharging foul waste, shall file a report with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and shall not install the emission facility or raise livestock or commission livestock by using the emission facility without filing a report or by filing a report by false or other unlawful

Nevertheless, from around 2007 to June 17, 2016, the Defendant installed one Dong of horse breeding facilities, which are livestock excreta discharge facilities of 126 square meters in the area of lusium B from lusium B, and raised livestock by using it, without reporting to the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. The Defendant’s judgment on the issue of the accusation is that “The remainder of the horse breeding facility of this case (the inside room, feed storage, drying house warehouse, fire saw warehouse) excluding the marina room of this case cannot be deemed as falling under the discharge facility of excreta. The area of the marina farm of this case is not less than 100mm2, and the area of the marina farm of this case is not less than 100m2. Thus, the horse breeding facility of

See the purport of “......”

In light of the whole size, structure, location, and use status, etc. of the horse breeding facility of this case as seen in the foregoing evidence, the horse breeding facility of this case shall be deemed to fall under "the livestock shed" as prescribed by Article 2 subparagraph 3 of the Act on the Management and Use of Livestock Excreta (hereinafter "the Livestock Excreta Act"). The total area of the horse breeding facility of this case shall be about 126 square meters, and Article 11 (3) of the Livestock Excreta Act, Article 8 of the Enforcement Decree of the Livestock Excreta Act, and Article 8 of the Enforcement Decree of the Livestock Excreta Act shall be deemed to fall under "discharge facilities (the livestock breeding facility of which the area is not less than 10 square meters and less than 90 square meters)", and part of the livestock shed shall be deemed to fall under "the livestock shed, feed warehouse, and warehouse."