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(영문) 광주지방법원 2016.06.16 2015고단4549
개발제한구역의지정및관리에관한특별조치법위반등
Text

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

On August 14, 2014, the Defendant: (a) filed a report on the installation of a facility for discharging livestock excreta on August 14, 2014; and (b) installed and operated a 820.8 square meters and a 63 square meters of compost in a dog breeding facility, which is a facility for discharging livestock excreta and a treatment facility; (c) the installer of an discharging facility and the operator of the discharging facility, who installed the discharging facility, are prohibited from discharging livestock excreta without discharging livestock excreta into the treatment facility; (d) from September 19, 2014 to August 17, 2015, he/she stored livestock excreta in the farmland near the opening facility and discharged livestock excreta without discharging livestock excreta into the treatment facility.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Reports on the results of business trips, reports on on-site investigations, and official documents related to the establishment of livestock pens;

1. Application of Acts and subordinate statutes to field photographs ( comprehensively taking account of the above evidence, it can be acknowledged that the defendant discharged livestock excreta by mixing saw and micro-organism sanctions into farmland near a dog breeding facility, instead of discharging livestock excreta into a treatment facility.)

1. Relevant Article of the Act on the Management and Use of Excreta, Articles 49 subparag. 5 and 17(1)1 of the Act on the Management and Use of Excreta, and the choice of fines (in relation to the instant crime, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on November 27, 2015, and for two years of suspended execution, and is currently pending in the appellate trial on November 27, 2015, and the instant crime was tried together with the foregoing judgment, considering the punishment that he/she would have received if he/she had been tried)

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

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