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(영문) 의정부지방법원 고양지원 2014.06.18 2014고정659

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant reported the installation of a livestock excreta discharge facility to the head of the Si/Gun/Gu and operates the “C”, which is a swine stable, in the Gyeonggi-si, B. A person who raises livestock upon reporting the installation of a livestock excreta discharge facility shall not have livestock excreta discharged into public waters. On December 20, 2013, the Defendant, around 18:30, did not immediately divide the location of the excreta discharge facility into public waters, at the livestock shed of the above “C” (as for transporting excreta from the excreta storage tank to the excreta transport vehicle) when it was not prepared for the vehicle, without neglecting the duty of care to care to find the location of the lighting power resource. In order to find the location of the waste discharge facility, the person who raises livestock, upon reporting the installation of a livestock excreta discharge facility, shall not have livestock excreta discharged into public waters due to negligence in the course of performing his/her duties and without treating livestock excreta discharged into neighboring public waters, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (in the form of a statement for accusation, D and monetary content), investigation report (whether it falls under public waters);

1. Subparagraph 1 of Article 51 and Article 10 of the Act on the Management and Use of Livestock Excreta for facts constituting a crime;

1. Article 70 subparagraph 1 of the Criminal Act and Article 69 (2) of the Criminal Act for the confinement of a workhouse;

1. Although the grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order have the same record, the crime of this case is deemed to have been committed by negligence, and the amount of the leaked foul waste is determined as above in light of all the circumstances.