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(영문) 대구지방법원 김천지원 2016.06.22 2016고정183
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

From March 25, 2010, the Defendant is a person who operates D’s “D” in the Gu and America City from around March 25, 2010.

No person who operates a waste-generating facility shall spread the amount produced in a resource recovery plant to any place other than a place where liquid manure spraying is secured in advance, or fails to comply with the spraying standards prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the Defendant, at around 16:00 on August 18, 2015, provided that, not farmland secured in D, the amount generated in D, the Gu-U.S. E and F, using a vehicle spraying liquid manure, and that, in the Ordinance of the Ministry of Environment, the Defendant should spread about 20t of the amount generated in D to the Gu-U.S. E and F, and that, in addition to spraying liquid manure in the Ordinance of the Ministry of Environment, it is necessary to ensure that liquid manure can well spris down into the soil without discharging liquid manure. However, the Defendant did not perform soil or set up a set-off work.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written accusation;

1. Application of Acts and subordinate statutes to certificates of violation, permits to install facilities discharging foul waste;

1. Subparagraph 2 of Article 49 and Article 17 (1) 5 (Selection of Penalty) of the Act on the Management and Use of Excreta in relation to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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