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(영문) 대구지방법원 상주지원 2015.11.03 2015고정187
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. If a waste-generating facility operator completes the installation or alteration of discharging facilities or disposal facilities, he/she shall submit an application for a completion inspection to the head of the competent authority, as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, without undergoing a completion inspection, the defendant from April 29, 2015 to the same year.

7. Around September, 200, he had operated and used a single breeding facility (a livestock shed, approximately 300 square meters) which is a kind of discharge facilities in B, which is located in B at the time of residence.

2. A waste-generating facility installer and a person who operates a waste-generating facility installed by him/her, a disposal facility installer and a person who operates a disposal facility installed by him/her, or a person who smokes manure and liquid manure shall not discharge livestock excreta without discharging it through a disposal facility or install a facility capable of discharging livestock excreta without discharging it through a disposal facility;

Nevertheless, on July 9, 2015, the Defendant operated a single breeding facility, which is a kind of waste-generating facility, in a permanent residence, and disposed of livestock excreta at his/her own discretion without discharging livestock excreta into a disposal facility (waste disposal facility) by collecting livestock excreta in a septic tank buried under the control of the breeding place, unlike a statement in the certificate of report on the installation of livestock excreta-generating facilities (waste disposal method).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C (the seventh pages of investigation records);

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 51 subparagraph 4 of the relevant Act and subparagraph 4 of Article 51 of the Act on the Management and Use of Livestock Excreta selected for committing a crime, Article 15 of the Act on the Management and Use of Livestock Excreta, subparagraph 5 of Article 49 and Article 17 (1) 1 of the Act on the Management and Use of Livestock Excreta;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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