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(영문) 수원지방법원 2018.03.27 2017고단6867
가축분뇨의관리및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2017 Highest 6867"

1. Violation of the Act on the Management and Use of Excreta;

A. The Defendant reported the installation of excreta discharge facilities to the head of the wife population C, which is mutually named “D” in the wife population C, and is a person who actually operates the said D while raising livestock.

No person who has filed a report on the installation of a facility for discharging livestock excreta and discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act that discharges or is likely to discharges livestock excreta, etc. from his/her occupational negligence into public waters by discharging or neglecting such excreta or liquid manure.

Nevertheless, on June 19, 2017, the Defendant neglected to manage the excreta collection and the discharge facilities of livestock in the above D, so that the excreta in an irregular quantity of livestock flow into Cheongcheon, a public water area through neighboring ditches, etc.

(b) A person who intends to install, or is operating, a swine breeding facility the area of which is at least 1,00 square meters shall obtain permission from the head of a Si/Gun/Gu by preparing a plan for installing emission facilities;

Nevertheless, on September 5, 2017, the Defendant installed a 1,200 square meters-side swine breeding facility, which is an emission facility, without obtaining permission from the competent authorities, from the wife population E, and raised 650 dubs of pigs using the emission facility.

2. A person who intends to operate a livestock breeding business, the area of which exceeds 50 square meters, shall obtain permission from the head of a Si/Gun/Gu having jurisdiction over the relevant place of business.

Nevertheless, on September 5, 2017, the Defendant engaged in livestock raising business by raising 650 heads of pigss on the size of 1,200 square meters in the plastic houses located in the wife E in G, Young-si without obtaining permission from the head of the wife population in Young-si.

The Defendant is a person who is engaged in the livestock breeding business under the trade name of "D" in the wife population C in Young-si.

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