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(영문) 춘천지방법원 원주지원 2016.05.10 2016고정107
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act of discharging or leaving livestock, manure, or liquid manure into the public waters.

The Defendant had a duty of care to safely manage livestock excreta in managing livestock excreta because he/she is a person who operates a C farm in Won-si, and a person who treats livestock excreta.

Nevertheless, on January 12, 2016, the Defendant neglected this and caused livestock excreta to flow into a road or to flow into a river, which is a public water zone located adjacent to the road, from around 4 cubic meters, where the valve of livestock excreta tank was in the tank due to the breakdown.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary written statements of D;

1. A certificate of violation;

1. Application of statutes on site photographs;

1. Article 50 of the relevant Act on the Management and Use of Excreta which is the option of punishment and Articles 50 subparagraph 6 and 10 (1) of the Act on the Management and Use of Excreta which is the option of punishment for the crime;

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

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

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