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(영문) 전주지방법원 정읍지원 2013.07.04 2013고정89
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates and manages a swine breeding facility owned by C in the Seoul Special Self-Governing City of Jeollabuk-do.

Defendant

A Under Article 10 of the Act on the Management and Use of Livestock Excreta, a person who raises livestock shall not ensure that livestock excreta not properly disposed of flows into public waters under subparagraph 9 of Article 2 of the Water Quality and Aquatic Ecosystem Conservation Act. However, on May 11, 2012, as a result of a joint inspection of the livestock breeding facilities owned by C, which obtained permission for the installation of livestock excreta discharge facilities from the Si/Gu in Chungcheongnam-si in Jeollabuk-do on July 1, 1997, Defendant A raised about 600 livestock excreta to the livestock breeding facilities (livestock breeding area 1,396.84mmm2) owned by Jung-do and actually operated and managed livestock excreta, Defendant A brought about about 600 livestock excreta to the public waters under subparagraph 9 of Article 2 of the Water Quality and Aquatic Ecosystem Conservation Act, and failed to take appropriate measures to recover livestock excreta to the extent that livestock excreta flows into public waters by no later than 0 liter at the time of the inspection, etc. on May 11, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on business trip reports and on-site photographs;

1. Subparagraph 5 of Article 50 of the Act on the Management and Use of Livestock Excreta applicable to facts constituting a crime;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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