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(영문) 수원지방법원 평택지원 2018.05.09 2018고정54
가축분뇨의관리및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who exercises overall control over all the affairs of a breeding house in Ansan-si B.

1. A person who intends to install, or installs or operates a discharging facility of at least the size prescribed by Presidential Decree (at least 60m2 in size) among discharging facilities not subject to permission for violation of the Act on the Management and Use of Excreta shall file a report thereon with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and shall not raise livestock using such discharging facility without filing a report;

Nevertheless, on June 2015, the Defendant, without filing a report, installed a breeding dog with a size of 95.7 square meters, and raised a dog using the facility from around that time to October 19, 2017.

2. A person who recycles any vegetable residues, food waste, etc. for his/her own livestock in violation of the Wastes Control Act shall prepare facilities and equipment in compliance with the standards prescribed by Ordinance of the Ministry of Environment and report thereon to the Mayor/Do Governor;

Nevertheless, the Defendant, without filing a report from Jun. 2015 to Oct. 19, 2017, raised a dog in the above breeding place, and used food waste generated from an influent general restaurant located in the inside of Ansibly-si Manbam, Mansi-si Manbam, etc. ( approximately 300 gg of daily usage, approximately 1-2 times a week, and approximately 800 g of the collection volume per time), as one livestock, after crushing it using a recycling facility to use a recycling facility.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 50 of the relevant Act and Articles 50 and 11 subparag. 4 and 11 subparag. 3 of the Act on the Management and Use of Excreta that has been subject to the option of punishment for an offense (including the point of non-report of discharge facilities, including the point of non-report of waste disposal), Article 66 subparag. 2 and Article 46 subparag. 1 of the Wastes Management Act (including the point of non-report of waste disposal, and the

1. The former part of Article 37 of the Criminal Code, and Article 38.

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