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(영문) 인천지방법원 부천지원 2019.05.16 2019고정201 (1)
가축분뇨의관리및이용에관한법률위반
Text

The sentence against the accused shall be set forth as a fine of four million won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

The defendant is a person who raises pigs in Kimpo-si B with permission to install a livestock excreta discharge facility. The installer of a livestock excreta discharge facility and the person who operates the waste disposal facility installed by him/her shall not discharge livestock excreta flowing into a disposal facility in a state of not converting it into resources or without discharging it through the final outlet (hereinafter referred to as "interim discharge") or install a facility capable of discharging livestock excreta halfway.

Nevertheless, the Defendant, while raising pigs in the above place, installed a facility for discharging livestock excreta halfway around July 2018, and discharged livestock excreta flowing into livestock excreta treatment facilities using the said facility without passing through the final outlet from August 8, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The defendant's certificate;

1. Report of investigation (the result of complementary investigation conducted under the direction of a prosecutor);

1. Application of Acts and subordinate statutes governing the scene of violations;

1. Article 49 subparagraph 2 of the relevant Act and Article 17 (1) 2 of the Act on the Management and Use of Livestock Excreta which is the option of the punishment for facts constituting an offense [general (the act of installing intermediate discharge facilities does not constitute separate crimes by including intermediate discharge facilities)], the selection of fines, and the selection of fines;

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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