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(영문) 울산지방법원 2014.09.18 2014고단2232
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a farm owner that raises pigs with 80 square meters in C (420 square meters) located in Yangsan City. A person who intends to install a swine breeding facility with an area of at least 50 square meters and less than 1,000 square meters shall file a report on the installation of a livestock excreta discharging facility with the head of a Si/Gun/Gu, while a person who has filed a report on the installation of a livestock excreta discharging facility shall not cause livestock excreta to flow

1. The Defendant, who failed to report the installation of a livestock excreta discharge facility, did not report the installation of a livestock excreta discharge facility to the Mayor of Yangsan City, installed a swine breeding facility with a size of 420 square meters in C farm located in Yangsan City B from February 2, 2013 to April 20, 2014, and raised pigs, which is livestock.

2. Around 23:00 on April 20, 2014, the Defendant, without permission, operated a swine breeding facility, which is an discharging facility, was engaged in the process of mixing the booming of pigs stored in the underground collection of composts facilities with underwater pumps and sawsaws, etc. in order to make composts from composts located on the farm.

In such cases, the defendant has a duty of care to adjust the operating hours of underwater pumps so as not to pass down the compost.

From the perspective of TV, the Defendant did not use negos for the operation of the above underwater pumps, and caused excessive spreading of the swine urine stored in the underground water tank due to occupational negligence when the above underwater pumps were operated for a long time, and caused approximately 1 ton of livestock excreta mixed with firesaw to flow out to the public waters, through a channel that exceeded compost.

Summary of Evidence

1. Defendant's legal statement;

1. Report of initial investigation, statement of business trip, certificate of violation, photograph of violation, confirmation of extraction of samples and inspection results of pollution level, application of Acts and subordinate statutes of the livestock industry registration certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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