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(영문) 부산지방법원 2018.11.28 2018고정1625
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Where a living environment or public waters is polluted or is likely to be polluted due to excreta, manure, or liquid manure discharged or left unattended, the head of a Si/Gun/Gu may order a person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure, or an owner or manager of livestock, manure, or liquid manure, to take measures necessary for the prevention of environmental pollution, such as changing the method of storage of excreta, manure, or liquid manure, or collecting excreta, manure, or liquid manure.

Defendant on May 23, 2018 and for the same year.

6. 5. The defendant's residence in Busan Jin-gu B was not ordered to take measures immediately in the event of the occurrence of foul waste two times, despite the fact that he did not remove the foul waste from the fore part of the 1st floor and the stairs of the defendant in Busan Jin-gu.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A written accusation;

1. C’s statement;

1. Notification of measures to be taken against the outflow and neglect of livestock excreta;

1. Application of Acts and subordinate statutes to field photographs of excreta and abandoned livestock;

1. Article 50 of the relevant Act and Articles 50 and 10 (2) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense;

1. Articles 70 and 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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