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(영문) 대구지방법원 서부지원 2014.09.24 2014고정732
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

A person who intends to install a waste-generating facility shall file a report in advance with the competent administrative agency, and a person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall not commit an act of flowing or threatening to bring livestock excreta, manure, or liquid manure into public waters under subparagraph 9 of Article 2 of the Water Quality and Aquatic Ecosystem Conservation Act by discharging or neglecting it or spraying liquid manure in violation of the standards for

Nevertheless, the Defendant, without reporting the installation of a livestock excreta discharge facility from October 24, 2013 to April 22, 2014, installed a livestock-generating facility (area 72 square meters and area 22 square meters) and raised pigs 28 mar in Daegu-gun B, and did not properly dispose of livestock excreta generated therefrom, thereby committing an act that discharges or is likely to discharges livestock excreta or manure into public waters from March 24, 2014 to April 22, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on site of violation;

1. Article 50 subparagraph 3 of the relevant Act and subparagraph 3 of Article 11 (3) of the Act on the Management and Use of Livestock Excreta Selection of Punishment for Criminal Facts (including the installation of non-reported discharging facilities, including the occupation of installation of discharging facilities), subparagraph 4 of Article 49, Article 11 (3), and Articles 10 (including the occupation of risk of inflow of livestock excreta into public waters), and the 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 (1) 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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