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(영문) 의정부지방법원 고양지원 2014.02.20 2014고정120
가축분뇨의관리및이용에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant raises a chickens and dog at a farm located in Pakistan-si.

A person who intends to install waste-generating facilities shall file a report with the competent authority, and a person who raises livestock shall not ensure that livestock excreta not properly disposed of flows into public waters.

Nevertheless, from November 27, 2009 to September 4, 2013, the Defendant installed one operation (area 120 square meters) and one operation (area 120 square meters) of a chickens breeding facility (area 120 square meters) which produces livestock excreta in the said place without reporting the installation of discharge facilities to the competent authority, and made livestock excreta not disposed of properly by neglecting the excreta generated while raising 300 maris and 7 maris as it is, so that it discharges livestock excreta into public waters.

Summary of Evidence

1. Defendant's legal statement;

1. A business trip report;

1. Application of statutes on site photographs;

1. Article 50 subparagraph 3 of the Act on the Management and Use of Livestock Excreta in relation to facts constituting a crime, Article 11 (3), subparagraph 4 of Article 49, Article 10 of the same Act, and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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