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(영문) 의정부지방법원 2015.02.16 2014고정1563
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From January 2014, the Defendant leased 5,140.86 square meters and 5,612.7 square meters of livestock excreta discharge facilities on the land outside Gangwon-do, Gangwon-do, and from the owner D, to operate an E farm (permission number F) in which swine 1,800 heads are raised with the representative’s report ( January 23, 2014).

No facility operator shall discharge livestock excreta discharged from a waste-generating facility without discharging it into a disposal facility by negligence in the course of performing his/her duties, and no person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act of discharging or neglecting livestock excreta or liquid manure into public waters.

Nevertheless, the Defendant, while operating a livestock excreta discharge facility in the above E farm with the permission to install the livestock excreta discharge facility, discharged livestock excreta by having livestock excreta discharged into the facility without discharging it through a disposal facility at ten holess due to negligence in the course of performing his/her duties, and at the same time, discharged livestock excreta into public waters by discharging or neglecting livestock excreta.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each legal statement of G and H;

1. Statement of business trip surrender, certificate of violation, and certificate of collection of samples;

1. Application of Acts and subordinate statutes to a water leakage inspector, photograph ledger (discharges, closures, etc.);

1. Subparagraph 1 of Article 51, Article 10, subparagraph 1 of Article 51, Article 51 and Article 17 (1) of the Act on the Management and Use of Livestock Excreta in regard to facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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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