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(영문) 대전지방법원 공주지원 2018.04.06 2018고정8

가축분뇨의관리및이용에관한법률위반

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person who has installed facilities for discharging livestock excreta and facilities for treating livestock excreta shall discharge livestock excreta without discharging it into facilities for treating livestock excreta.

The Defendant, in a Cheongyang-gun B, obtained permission for the area of 1,616 square meters in a livestock breeding facility, which is a livestock excreta discharging facility, and 365.47 square meters in a compost, which is a livestock excreta discharging facility, and 259.2 square meters in a compost storage facility, and raised a lawsuit on July 10, 2017, the Defendant neglected the volume of 2-3 tons of livestock discharged from Cheongyang-gun B’s livestock excreta discharging facility (a livestock shed) to the outside of a livestock shed, not a livestock discharging facility, which is a livestock excreta discharging facility, and thereby discharged livestock excreta into the outside of a livestock shed, along with rainwater.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on results (A livestock shed) and a report on results (D farm on site inspections);

1. Article 49 subparagraph 2 of the Act on the Management and Use of Excreta and Article 17 (1) 1 of the same Act concerning facts constituting an offense 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;