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(영문) 대전지방법원 공주지원 2017.02.10 2016고정99
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 the representative of the livestock industry that raises chickens in the name of Cheongyang-gun B.

A person who intends to install a waste-generating facility of not less than the size prescribed by Presidential Decree (not less than 200§³ but less than 3,000§³) among discharging facilities not subject to permission shall report it to the competent authority.

Nevertheless, on July 13, 2016, the Defendant raised chickens using 2,396 square meters (640 square meters x 2 Dong, 616 square meters x 1 Dong, 500 square meters x 1 Dong) in a chickens 2,396 square meters (640 square meters x 1 Dong) in a chickens breeding facility without obtaining a report on the installation of B’s materials

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on results or each investigation report (whether a chickens breeding facility or funds for discontinuance of business located in an official state are received);

1. A certificate, a certificate of supply of earth and sand chickens, and a certificate of registration of livestock breeding business;

1. Application of Acts and subordinate statutes to photographs shipped on the map of arrangement, on-site photographs, photographs shipped out of a Cheongyang stable, and photographs shipped out of a stable of copic;

1. Article 50 of the Act on the Management and Use of Excreta and Articles 50 (4) and 11 (3) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and the selection of fines;

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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