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(영문) 의정부지방법원 2017.08.10 2017고정357
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 raises livestock as a farm on which he/she reported the installation of facilities for discharging foul waste in B,00,00.

A farm that installs a swine breeding facility (a size of not less than 50 square meters and less than 100 square meters) among emission facilities subject to reporting under subparagraph 3 of Article 2 of the Act on the Management and Use of Livestock Excreta and subparagraph 1 of attached Table 1 of the Enforcement Decree of the same Act shall not flow livestock excreta into public waters pursuant to Article 10 (1) of the same Act.

Nevertheless, on July 17, 2014, the Defendant introduced approximately 1.7 tons of livestock excreta into public waters due to the influence of strong rain from the cattle shed division of the above farm.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 2 of Article 51 and Article 10 (1) of the former Act on the Management and Use of Excreta (wholly amended by Act No. 13526, Dec. 1, 2015) on the facts constituting an offense

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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