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(영문) 인천지방법원 부천지원 2018.09.07 2018고단1600

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 raises and operates livestock in Kimpo-si C.

A person who intends to install and operate a facility for discharging foul waste shall file a report on the installation of a facility for discharging foul waste with the competent administrative agency pursuant to Article 11 (3) of the Act on the Management and Use of Livestock Excreta if the facility area is more than 50 square meters and less than 1,000 square meters.

Nevertheless, the Defendant, from December 18, 2013 to December 26, 2017, operated one Dong with a size of 300 square meters for livestock breeding facilities, which are livestock excreta discharge facilities, without reporting the installation of livestock excreta discharge facilities.

In addition, a person who raises livestock shall not make livestock excreta that has not been properly treated pursuant to Article 10 of the Act on the Management and Use of Livestock Excreta flow into public waters.

Nevertheless, on December 18, 2013, from around December 26, 2017 to around December 26, 2017, the Defendant operated a swine breeding facility in excess of the reported size without reporting the establishment to the competent administrative agency. On December 26, 2017, the Defendant discharged livestock excreta and water from livestock excreta treatment facilities, which were not properly treated outside of the livestock excreta treatment facilities, into large-scale (unauthorized discharge).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on detection of violation of the Act on the Management and Use of Excreta), confirmation of violation, photograph related to violation, investigation report (Attachment to a certificate, etc. of report on the installation of excreta emission facilities), report on the installation of excreta emission facilities, and application of field photograph statutes;

1. Relevant Article 50 of the Act on the Management and Use of Excreta that is subject to the option of punishment, and Articles 50 subparagraph 4, 11 (3), 50 subparagraph 9, and 10 (1) of the Act on the Management and Use of Excreta that is subject to the option of punishment, and selection of fines;

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;