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(영문) 대전지방법원 홍성지원 2017.04.20 2016고정321
가축분뇨의관리및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a swine farm located in Chungcheongnam-gun Hongsung Group C.

No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act in which excreta, manure, or liquid manure flows into, or is likely to flow into, a public water zone.

Nevertheless, the Defendant, on July 27, 2016, did not properly manage the storage tanks installed in the above swine farm on July 27, 2016, thereby flowing excreta into neighboring agricultural waterways, which are public waters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written statements and written certifications;

1. A report on investigation;

1. Application of the Acts and subordinate statutes to four photographs related to the case, a copy of the lease contract, and the photographs submitted by the principal;

1. Article 51 of the Act on the Management and Use of Excreta and Articles 51 (2) and 10 (1) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's reasons for sentencing of the provisional payment order repaired the storage house at issue and reflects the wrongness, taking into account the defendant's age, sex, environment, and other conditions of sentencing as shown in the records and arguments of this case, the punishment as ordered shall be determined.

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