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(영문) 창원지방법원 2013.11.19 2013고정1066

가축분뇨의관리및이용에관한법률위반

Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who raises pigs 250 heads with permission to install a livestock excreta discharge facility in Kim Sea-si C. The installer of a livestock excreta discharge facility shall not discharge livestock excreta discharged from waste-generating facilities without discharging it into a disposal facility.

Nevertheless, the Defendant discharged livestock excreta without discharging it into a disposal facility by placing about 10 tons of the total amount of livestock excreta from December 2, 2012 to D, E, and F in a situation where it is impossible to treat livestock excreta only with composts, which are more gradually increased in the quantity of livestock excreta.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. G statements;

1. A written confirmation of violation;

1. Application of statutes on site photographs;

1. Article 49 of the relevant Act and subparagraph 2 of Article 49 of the Act on the Management and Use of Livestock Excreta Selection for Crimes and Article 17 (1) 1 of the same Act;

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

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.