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(영문) 대전지방법원 홍성지원 2015.04.03 2015고정55

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who raises livestock in a livestock excreta discharge facility (963m2, 48m2 of a livestock breeding facility) subject to reporting in Hongsung-gun B. A person who discharges, collects, transports, or disposes of livestock excreta shall not cause livestock to flow it into public waters under subparagraph 9 of Article 2 of the Water Quality and Ecosystem Conservation Act by discharging or neglecting it.

Nevertheless, in order to dispose of livestock excreta from composts, the Defendant had a retirement business entity transfer livestock excreta from composts to the work on October 23, 2014, which is the date before the crackdown.

However, the Defendant neglected to check the management status of the compost company after the work, and thereby, to prevent the discharge of livestock excreta at the entrance of the compost company, approximately one ton of livestock excreta, which was not properly disposed of, was leaked to the side of the compost company.

Accordingly, the defendant allowed the discharge of livestock excreta that has not been properly disposed of into Sejongcheon, a public waters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on whether an environmental crime is an environmental crime, a written confirmation of violation, a confirmation of sampling, a photograph related to on-site verification, and a

1. Subparagraph 5 of Article 50 and Article 10 of the Act on the Management and Use of Livestock Excreta applicable to facts constituting a crime;

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;