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(영문) 대전지방법원 논산지원 2013.10.22 2013고단237
가축분뇨의관리및이용에관한법률위반
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

When intending to install a facility for raising pigs with a size of not less than 50§³ but less than 1,00§³ and a size of not less than 150§³, the Defendant filed a report on the installation of emission facilities with the competent authority. However, the Defendant did not file a report on the installation of emission facilities with the competent authority, but installed three heads of raising facilities with a total area of not less than 660§³ in Seosan-si B and C from early December 2, 2012 to June 12, 2013, raising pigs 11 mari, chickens, 1,000 mari, 250 mari from that place. On June 12, 2013, the Defendant collected livestock excreta, which was not properly disposed of at the above breeding facility, to neighboring farming waterways.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of results, statement of detection, each description of each photograph, or the application of video-related Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Article 50 subparagraph 3 of the Act on the Management and Use of Livestock Excreta selected by fines: Article 11 (3) subparagraph 4 of Article 49 and Article 10 of the Act on the Management and Use of Livestock Excreta;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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