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(영문) 청주지방법원 2019.10.22 2019고단1824

가축분뇨의관리및이용에관한법률위반

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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is the owner of a livestock excreta discharge facility located in the Chungcheongbuk-gun B and is a substantial operator. A person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall not commit an act that discharges or is likely to bring livestock excreta, manure, or liquid manure into public waters by discharging or releasing it, or spraying it without complying with the standards for spraying liquid manure.

Nevertheless, while the Defendant purchased and operated livestock excreta discharge facilities at auction from December 7, 2019 with permission in 199, the collection of livestock excreta was delayed due to the abnormal operation of the livestock excreta joint resource recycling facility located in Motsan-gun C on June 5, 2019, and the excreta was discharged into public waters through drainage on June 9, 2019.

Accordingly, the defendant committed an act of discharging livestock excreta and flowing it into public waters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on results of business trips, application of field photographs, and written confirmation Acts and subordinate statutes;

1. Article 49 of the relevant Act on Criminal facts and subparagraph 2 of Article 49 of the Act on the Management and Use of Livestock Excreta Selection of Punishment and Article 10 (1) of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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