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(영문) 수원지방법원 평택지원 2018.08.17 2018고정36
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 operates a swine breeding facility with the trade name, such as Pyeongtaek-si C and seven parcels, upon obtaining permission for the installation of facilities discharging excreta from livestock.

1. A person who has obtained permission to install facilities for discharging livestock excreta in violation of the Act on the Management and Use of Livestock Excreta shall not discharge livestock excreta flowing into a treatment facility without converting it into resources or without discharging it into resources or without discharging it through the final outlet;

Nevertheless, around October 30, 2017, the Defendant committed an act of discharging 200 litlle of livestock excreta in a state where excreta flows out after passing them over as a livestock excreta treatment plant, and converting livestock excreta into a string facility for 2,497.5 m2, among six m2,497 m2, a swine breeding facility in the same Dong (2,497.5 m2) through a string, from among the livestock excreta generated from 1 Dong (690 m2,497.30 m2).

2. A person who intends to operate a swine breeding business, the area of which exceeds 1,00 square meters, shall obtain permission from the head of a Si/Gun/Gu having jurisdiction over the relevant place of business, as prescribed by Presidential Decree, with respect to the adequate number of raising livestock per unit area and the location thereof, as prescribed by Presidential Decree, and shall also obtain permission when he/she alters important matters prescribed by Ordinance of the Ministry of Agriculture and Forestry, such as the type of livestock (where he/she intends to increase the area of livestock breeding facilities by at least 10/100), among the matters permitted, and shall not operate a livestock farming business without obtaining permission;

Nevertheless, the Defendant, upon obtaining permission to engage in a livestock farming business (area 2,225.5 square meters) on September 23, 2005, operated the said D, extended one Dong (dong, 350 square meters) of a swine breeding facility around 2010, and the area of the facility increased by at least 10/100, but operated the livestock farming business from around that time to November 2, 2017 without obtaining permission for change.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of business trips;

1. On-site photographs; 1.

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