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(영문) 전주지방법원 정읍지원 2013.07.04 2013고정90
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person engaged in the livestock industry and operating a swine breeding facility in B and C other than B in the Jeonbuk-Eup.

Defendant

A Pursuant to Article 17(1)1 of the Act on the Management and Use of Livestock Excreta, no installer of livestock excreta shall discharge livestock excreta without discharging it into a disposal facility. However, on May 25, 2012, a person who intends to engage in the business of collecting and transporting livestock excreta in collusion with E (i.e., disposing of livestock excreta in storage with E (13,000 won per ton) while discharging livestock excreta into a disposal facility; however, on May 25, 2012, he/she discharged livestock excreta into a transport facility during the transfer of livestock excreta to a storage facility located in D; on May 25, 2012, he/she performed an oral contract with E (i.e., spraying of livestock excreta) to dispose of livestock excreta in storage with E (13,000 won per ton; and (ii) a person who intends to engage in the business of collecting and transporting livestock excreta in compliance with Article 28(1) of the Enforcement Decree of the Act on the Management and Use of Livestock Excreta and (iii) a person who shall obtain permission from the head of E (26).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the prosecution investigation protocol concerning E;

1. Subparagraph 2 of Article 49, Article 17 (1) 1 of the Act on the Management and Use of Livestock Excreta (the illegal discharge of livestock excreta), subparagraph 6 of Article 49, Article 28 (1) of the Act on the Management and Use of Livestock Excreta, Article 30 of the Criminal Act, subparagraph 2 of Article 49 and Article 17 (1) 1 of the same Act concerning facts constituting a crime;

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