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(영문) 대구지방법원 2017.05.26 2017고정732

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is raising a lawsuit from June 2007 in the livestock shed B located in Gyeongsan-si.

A person who intends to install a facility for discharging foul waste (livestock breeding facility) as a scale (100 square meters or more but less than 900 square meters) subject to reporting, or a person who is installing and operating a facility shall report it to the head of a Si/Gun/Gu, and no person shall use a facility installed without filing a report.

Nevertheless, on October 25, 2016, the Defendant installed and operated livestock excreta discharge facilities (539 square meters of size) in a size subject to reporting (control date) without reporting, and raised 402 levels of cattle using such discharge facilities installed without reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of C’s authentic statement (a report on malodor in foul waste);

1. Application of Acts and subordinate statutes to 1, 1, confirmation letter, related photographs, satellite photographs, and copies of general building registers;

1. Article 50 of the Act on the Management and Use of Excreta and Articles 50 (4) and 11 (3) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and the selection of fines;

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;