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(영문) 전주지방법원 정읍지원 2015.04.21 2015고단94
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

A person who installs a waste-generating facility in excess of the scale prescribed by Presidential Decree without filing a report with the head of a Si/Gun/Gu in accordance with Article 11 (3) of the Act on the Management and Use of Livestock Excreta and discharges, collects, transports, disposes of, or spreads livestock excreta or manure or liquid manure in excess of the scale prescribed by Presidential Decree shall not commit an act of discharging or preventing livestock excreta or spraying livestock excreta in violation of standards for spraying liquid manure under Article 17 (1) 5 of the same Act.

Nevertheless, on October 15, 2014, while the Defendant installed a breeding facility with a size of 243 square meters in Jung-gu, Jung-gu, Si, 2004 and raised 11 maris, the Defendant came to the public waters by discharging 5 litles from the above facilities on or around October 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinion and report on the offender;

1. Uniforms, on-site photographs, and written confirmation of violation;

1. Application of the Acts and subordinate statutes to report investigation results;

1. Article 49 of the relevant Act and subparagraph 4 of Article 49 of the Act on the Management and Use of Livestock Excreta Selection for Crimes and Articles 11 (3) and 10 of the same Act;

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

1. The sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant committed the instant crime; (b) the defendant does not have any other criminal power once a fine irrelevant to the instant crime; and (c) the amount of the water released into public waters is not large enough; and (d) the punishment shall be determined as set forth in the order.

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