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(영문) 대구지방법원 상주지원 2016.04.19 2016고단21

가축분뇨의관리및이용에관한법률위반

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The Defendant obtained permission to install facilities to discharge excreta from 5,148 square meters of money in the name of "D" in Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnam-do, and raises 4,500 pigs from 5,148 square meters of money.

No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act that discharges or is likely to bring livestock excreta, manure, or liquid manure into public waters by preventing the leakage or prevention thereof, or by spraying it not in compliance with the standards for spraying liquid manure.

Nevertheless, on November 28, 2015, the Defendant leaked livestock excreta from the above farm and let it flow into a neighboring river (in the present river) which is a public water area.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting whether it is an environmental crime, and applying the Acts and subordinate statutes reporting each investigation;

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;