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(영문) 전주지방법원 군산지원 2016.08.31 2016고정287

가축분뇨의관리및이용에관한법률위반

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Defendant shall be punished by a fine of KRW 1,500,000.

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 A farm in Hesan-si B.

A person who intends to install, install, or operate a waste-generating facility of a scale (900 square meters in a small stable area) or more prescribed by Presidential Decree shall obtain permission from the Mayor, etc. by preparing a plan for the installation of a waste-generating facility, as prescribed by Presidential Decree, and shall not install a waste-generating facility or raise livestock using

Nevertheless, on October 9, 1995, the Defendant filed a report on the installation of livestock excreta emission facilities (area 529.64 square meters) with the Cheongsan-si Office. However, on January 1, 1997, the Defendant raised 38 small places of cattle at the above facilities without obtaining permission, even though it was subject to permission due to the completion of extension works on a size 2,480 square meters of the light expansion area.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the accusation site, certificate of permission for livestock breeding business, and certificate of report on the installation of excreta emission facilities;

1. Article 53 Subparag. 3 of the Act on the Treatment of Excreta and Livestock Wastewater, which has been selected as to the facts constituting an offense, and Articles 53 and 24-2 Subparag. 1 of the same Act (amended by Act No. 8014, Sept. 28, 2007);

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

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