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(영문) 대전지방법원 서산지원 2018.08.30 2018고정142

가축분뇨의관리및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

A person who intends to install waste-generating facilities exceeding the scale prescribed by Presidential Decree, among facilities discharging excreta, shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, but the defendant, from around March 9, 2015 to March 9, 2018, installed, without permission, approximately 105 square meters of livestock excreta-generating facilities in Seosan City C, which are facilities discharging excreta, without reporting the installation of facilities discharging excreta, and raises livestock by using such facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of violation;

1. Application of Acts and subordinate statutes, such as field photographs;

1. Article 50 of the relevant Act on the Management and Use of Excreta which is the option of punishment and Articles 50 and 11 (3) of the Act on the Management and Use of Excreta which is the option of punishment;

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;