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(영문) 춘천지방법원 2014.06.10 2014고정51
가축분뇨의관리및이용에관한법률위반
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

The defendant is a person who operates a C farm in Gangwon-do Incheon-gun B.

1. A person who intends to install a livestock excreta-generating facility without filing a report and raise livestock by using such facility shall obtain permission from the competent authority or file a report;

Nevertheless, on June 2013, the Defendant did not file a report on the installation of a waste-generating facility of 346 square meters in the facility area without filing a report on the said C farm, raising chickens and ducks, and expanding the area of a facility for raising black salt farms to 170.8 square meters and 792.4 square meters in the previous report, but did not file a report on the alteration.

2. A person who raises livestock excreta into public waters shall not ensure that the livestock excreta not disposed of appropriately flows into public waters, and shall have a duty of care to prevent the discharge of rainwater from discharging into public waters;

On July 12, 2013, the Defendant did not properly dispose of livestock excreta accumulated on the floor of a black salt breeding facility as set forth in paragraph (1) at the above C farm, thereby allowing livestock excreta to flow into rainwater and flow into drainage pipes, the public waters.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate;

1. Guidance and inspection table of places of business installing facilities discharging livestock required;

1. Application of each statute on photographs;

1. Subparagraph 3 of Article 50, Article 11 (3), subparagraph 8 of Article 50, and Article 10 of the Act on the Management and Use of Livestock Excreta in relation to facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the fine amount of the summary order shall be reduced and sentenced as ordered by taking into account the fact that there has been no criminal records so far.

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