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(영문) 대구지방법원 2019.06.25 2019고정173
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From around 1996, the Defendant is a person who raises approximately 60 cattles while operating a stable with a size of approximately 500 square meters from around 199 to around 50 square meters.

1. A person who operates livestock excreta-generating facilities without reporting shall file a report on the installation of livestock excreta-generating facilities with the competent administrative agency;

Nevertheless, from around November 28, 2016 to around November 28, 2018, the Defendant operated livestock excreta discharge facilities in the above B and did not report to the competent authority.

Accordingly, the Defendant installed and operated livestock excreta discharge facilities without reporting to the competent authorities.

2. No person who discharges livestock excreta into public waters of a person who installs a facility for discharging livestock excreta without filing a report shall discharge livestock excreta without discharging it into a facility for disposal, in cases of a person who operates livestock excreta discharge facilities in writing due to a clerical error in such facility for disposal;

Nevertheless, around November 28, 2018, the Defendant discharged livestock excreta into the street without disposing of approximately 100 km of livestock excreta generated while operating livestock excreta in the above B, a livestock excreta discharge facility.

Accordingly, the Defendant discharged livestock excreta to a person who operates livestock excreta discharge facilities without reporting to the competent authorities, without discharging livestock excreta into a disposal facility.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (Attachment, such as a written confirmation), application of photographic Acts and subordinate statutes;

1. Article 49 of the relevant Act and subparagraph 4 of Article 17 (1) of the Act on the Management and Use of Livestock Excreta which is the option of the punishment for a crime, Article 49 of the relevant Act and Article 17 (1) 1 of the Act on the Management and Use of Livestock Excreta which is the option of the punishment, subparagraphs 4 and 11 of Article 50 and 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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