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(영문) 춘천지방법원 2015.06.04 2015고정94
가축분뇨의관리및이용에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

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

Reasons

Punishment of the crime

When a defendant reports on the installation of livestock excreta-generating facilities in Chuncheon and engages in mass business, he/she shall not use manure or liquid manure in an uneffective state or give it to others when he/she disposes of livestock excreta in accordance with a resource recovery plant.

Nevertheless, around November 3, 2014, the Defendant distributed 200 kgs of foul waste not disposed of in accordance with resource recovery facilities to the dry field of Defendant’s cultivation that is adjacent to the fish plantation.

Accordingly, the defendant used the retirement expenses in an unexploited state.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation for the preparation of the Chuncheon market;

1. Written statements prepared in D;

1. Application of statutes on site photographs;

1. The relevant legal provisions and Articles 50 subparag. 4 and 17(1)4 (Selection of Fines) of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014; hereinafter “the Livestock Excreta Act”) concerning criminal facts and the selection of punishment shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won, and Article 50 subparag. 4 of the Livestock Excreta Act shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 17(1)4 of the Livestock Excreta Act, and Article 49 subparag. 2 of the Livestock Excreta Act shall be construed as “a person who has obtained permission or permission for alteration under Article 11(1) or (2) and discharges livestock excreta to public waters in violation of Article 10 or who has committed an act falling under any subparagraph of Article 17(1) by a fine not exceeding 1,000 won.” Article 50 subparag. 4 of the Livestock Excreta Act shall be punished by imprisonment with prison labor for not more than one year or a fine not exceeding one year.

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