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(영문) 인천지방법원 2016.08.11 2016고정1594
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a double c'C in Gyeyang-gu Incheon Metropolitan City.

1. A person who installs facilities for discharging livestock excreta or a person who installs facilities for treating livestock completes the installation or alteration of facilities for discharging livestock shall submit an application for completion inspection to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment;

On July 23, 2003, the Defendant installed the original breeding facility, saw saw saw, a disposal facility, etc., which is an emission facility, and used the above facility without undergoing a completion inspection after completing the report on installation of emission and disposal facilities to the head of Gyeyang-gu in Incheon. Thus, the Defendant used the above facility or disposal facility without undergoing a completion inspection from October 6, 2015.

2. No person who discharges, collects, transports, disposes of, or spreads livestock excreta shall commit an act of discharging or leaving livestock into a public water zone by discharging or leaving livestock therein;

Nevertheless, from around 14:15 to 16:00 on October 6, 2015, the Defendant: (a) neglected the water for drinking water inside the breeding facility in the above C without locking the water for drinking water inside the breeding facility; (b) neglected the livestock excreta in the compost and caused about 3.81 tons to flow into the road and sewage pipes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. A report on the investigation, measuring photograph;

1. Application of Acts and subordinate statutes to photographs and details of discharging facilities which have not undergone a completion inspection, and flow of foul waste;

1. Article 51 Subparag. 4 of the Act on the Management and Use of Excreta (amended by Act No. 13526, Dec. 1, 2015; hereinafter the same) regarding criminal facts and Article 51 Subparag. 4 of the former Livestock Excreta Management and Use Act (amended by Act No. 13526, Dec. 1, 2015; hereinafter the same). Article 15 (Use of discharge facilities and disposal facilities without undergoing completion inspection); Articles 51 Subparag. 2 and 10(1) of the former Livestock Excreta Management and Use Act (in cases where excreta flows into public waters). The choice of fines is 1.

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