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(영문) 대전지방법원 논산지원 2017.06.13 2017고정78
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

A person who intends to install a waste-generating facility exceeding the scale prescribed by Presidential Decree (not less than 900§³) shall obtain permission from the head of a Si/Gun/Gu in accordance with a plan for the installation of a waste-generating facility, as prescribed by Presidential Decree, and a person who installs a waste-generating facility, a person who operates a disposal facility installed by him/her, a person who operates a disposal facility installed by him/her, or a person who smokes manure or liquid manure shall not discharge livestock excreta without flowing it into a disposal facility, or install a facility that is capable of discharging livestock excreta

Nevertheless, on February 14, 2017, the Defendant operated a stable of 1,320 square meters in size with the permission of the competent authority in C located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and discharged livestock excreta generated from the said livestock shed to the disposal facilities without flowing it into the disposal facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement that is the accusation of D;

1. Submission of related photographs and photographs;

1. Application of Acts and subordinate statutes to a investigative report (the scale of a suspect A stable and the standards for permission for the installation of discharge facilities by Presidential Decree);

1. Article 48 of the relevant Act and subparagraph 1 of Article 48 of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and Articles 11 (1) and 17 (1) 1 of the same Act (Selection of punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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