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(영문) 의정부지방법원 고양지원 2013.05.09 2013고정121
가축분뇨의관리및이용에관한법률위반등
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 is a person who engages in a double-generation business in the name of "C" at the time of strike.

1. A person who operates a chickens of not less than 150§³ in violation of the Act on the Management and Use of Livestock Excreta shall file a report on the installation of a facility for discharging livestock excreta with the competent authority and raise chickens;

Nevertheless, the Defendant, without filing a report with the authority on the installation of excreta discharge facilities, raised chills in two plastic greenhouses with a length of 7m wide and 30m long and 420m long on the said dry field from October 1, 2009.

2. A person who violates the Control of Livestock and Fish Feed Act shall treat the remaining food and feed by heating for at least 100 minutes from 100 cc to 30 minutes, and treat and manage them so as to ensure that air can be flown well after heating treatment;

Nevertheless, on January 18, 2012, the Defendant used food residues not manufactured according to the feed process as feed to the chickens raised in the above breeding place.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of statutes on field photographs;

1. Article 50 subparagraph 3 and Article 11 (3) of the Act on the Management and Use of Livestock Excreta concerning facts constituting a crime, Article 34 subparagraph 5 of the Control of Livestock and Fish Feed Act, and Article 11 (2) of the same Act, and selection of fines;

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

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