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(영문) 인천지방법원 부천지원 2016.09.23 2016고정926

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who raises pigs in C farm owned by the defendant in Kimpo-si, who has obtained permission to install facilities discharging livestock wastewater.

No person who discharges, collects, transports, disposes of, or spreads livestock excreta shall commit an act of discharging or threatening to flow livestock excreta into public waters.

Nevertheless, around March 4, 2016, the Defendant got foul waste from 0.9 cubic meters 0.0 cubic meters into D, a public water zone. The foul waste from 0.13 cubic meters metres was discharged into D, a public water zone. The foul waste from 0.13 cubic meters metres was discharged into D, a public water zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. A certificate of violation;

1. Investigation report (report on detection of violation of the Act on the Management and Use of Excreta);

1. Application of the Acts and subordinate statutes governing the violation;

1. Article 49 of the Act on the Management and Use of Excreta and Articles 49 (2) and 10 (1) of the Act on the Management and Use of Excreta that has been selected for committing a crime, and selection of a fine;

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;