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(영문) 창원지방법원 거창지원 2014.04.23 2013고정139
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually operates “C”, which is a livestock excreta discharge facility and disposal facility that have obtained permission from Gohap-gun. A person who has obtained permission for a livestock excreta disposal business shall not discharge livestock excreta without discharging it into a disposal facility in disposing of livestock excreta discharged from a disposal facility, and the Defendant shall not discharge livestock excreta flowing into a disposal facility without converting it into resources or discharging it halfway without discharging it through a final outlet despite the fact that the person

1. On July 1, 2013: (a) around 13:30, 2013, a temporary storage tank, which is a livestock excreta disposal facility installed to transport liquid livestock excreta to storage before the separation season in the said “C” located in Gohap-gun, Chungcheongnam-gun, Inc., discharges livestock excreta halfway without going through final outlet by passing it over 60 liters with machine marbine, and discharging livestock excreta halfway without going through final outlet.

2. On July 8, 2013, around 14:00, livestock excreta discharging facilities in the above “C” discharges 20 liters of swine and excreta without discharging it into a storage facility of livestock excreta in a manner that livestock excreta discharges livestock excreta to an excellent quantity directly through an adjacent excellent shop.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. On-site confirmation photographs;

1. Application of statutes governing permission for the installation of livestock excreta discharge facilities;

1. Article 49 of the Act on the Management and Use of Livestock Excreta and Articles 49 (2) and 11 (1), 17 (1) 1 (the intermediate discharge of livestock excreta), subparagraph 2 and 11 of Article 49 of the same Act, and Articles 17 (1) 2 and 17 (1) 2 of the same Act concerning facts constituting a crime; the selection of fines;

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is as well as livestock excreta discharge facilities permitted by the Joint Military Manpower Act.

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