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(영문) 대전지방법원 홍성지원 2013.06.11 2013고정124
가축분뇨의관리및이용에관한법률위반
Text

Defendants shall be punished by a fine of KRW 400,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative of Hongsung-gun, Hongsung-gun, the representative of Hongsung-gun, who is in charge of overall affairs, and B is a corporation established for the purpose of spraying liquid manure.

1. A person who reports defendant A livestock excreta for the purpose of recycling at least 400 kilograms of livestock excreta per day shall operate livestock excreta in accordance with the standards for installation and operation prescribed by Ordinance of the Ministry of Environment; and when storing and disposing of livestock excreta, he/she shall take necessary measures, such as frequently inspecting and repairing facilities, equipment, etc. so that livestock excreta can not discharge livestock excreta or produce malodor, and shall install and operate a livestock excreta recycling facility;

Nevertheless, on January 11, 201, the Defendant operated two facilities of 1,000 tons of liquid manure storage tanks in G, which was reported by the FF Association on the recycling of livestock excreta on January 11, 201, with the operation and management of two facilities, without any repair until the crackdown on the damage of roof tent due to the summer typhoon in 2012, and thereby violated the installation standards for livestock excreta recycling facilities.

2. Defendant B, at the time and place specified in paragraph (1) above, committed a violation as described in paragraph (1) above with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of violation and a report on the results of on-site verification of environmental civil petitions;

1. Application of Acts and subordinate statutes on local inspection-related photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Article 51 subparagraph 6 of the Act on the Management and Use of Livestock Excreta and Article 27 (3) of the same Act;

(b) Defendant B farming association corporation: Articles 52, 51 subparagraph 6, and 27 (3) of the Act on the Management and Use of Livestock Excreta;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant A committed the instant crime for sentencing of Article 334(1) of the Criminal Procedure Act.

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