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(영문) 대구지방법원 김천지원 2017.01.24 2016고정631

가축분뇨의관리및이용에관한법률위반

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a salt introduction breeding facility in Kimcheon-si C.

1. A person who installs and operates a salt farm with a size of at least 200 square meters or a dog breeding facility with a size of at least 60 square meters shall file a report with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, on May 11, 2016, the Defendant operated a facility for raising salt with a size of 1,324 square meters and a size of 3,983 square meters without filing a report on discharge facilities at the same place.

2. Discharging livestock excreta without permission and discharging livestock excreta in the public water area;

A. A person who operates a waste-generating facility is prohibited from discharging livestock excreta without discharging it into a treatment facility or installing a facility that is capable of discharging livestock excreta without flowing it into a treatment facility. However, the Defendant failed to pack the opening of a dog of approximately 160 square meters on the floor of a breeding facility at the date, time, time, and place specified in paragraph (1), thereby allowing the Defendant to flow excreta into the ground as it is without flowing it into a treatment facility.

B. Although a person who discharges livestock excreta was unable to leak it and flow it into the public water area, the Defendant installed an excellent pipe in a dog breeding facility of approximately 180 square meters in the early boom on May 1, 2016 at the place specified in paragraph (1) of this Article, thereby allowing the Defendant to flow liquid excreta into the public water area.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report to the prosecution (examination of cases and interview of public officials in charge);

1. Police investigation report (report on failure to report emission facilities);

1. The application of a farm location map, calculation of the area of a farm, field photograph of a farm, report on the installation of facilities discharging foul waste, and an Act and subordinate statutes on the leakage of public waters of livestock

1. Article 1 of the relevant Act and the Act on the Management and Use of Livestock Excreta selected to commit a crime (hereinafter “the Act on Excreta”).