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(영문) 의정부지방법원 2017.10.26 2017고정1800
가축분뇨의관리및이용에관한법률위반
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

1. A person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall not commit an act in which livestock flows or is likely to flow into public waters by leaking or neglecting it or spraying it in breach of the standards for spraying liquid manure;

Nevertheless, on March 29, 2017, the Defendant operated a 1,752 square meters mix breeding facility operated by the Defendant in Spocheon-si around 2017, and used livestock excreta, including excreta, in the vicinity of the opening without treatment facilities, into the public waters, and committed an act that discharges or is likely to bring livestock excreta, including excreta, into the public waters.

2. A person who intends to install emission facilities exceeding the scale prescribed by Presidential Decree, among emission facilities not subject to permission, shall report to the head of a Si/Gun/Gu;

Nevertheless, the Defendant operated a 1,752 square meters raising facility from October 15, 2009 to March 29, 2017 without reporting to the Macheon City Mayor.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusations, accusationss, statements, reports on local business trips under civil petition reports (D), certificates of violation, and on-site photographs of those persons who violate the Act on the Management and Use of Excreta;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the same criminal name judgment);

1. Relevant Article 49 of the Act on the Management and Use of Excreta, Articles 49 subparagraph 4 of the same Article, Article 17 (1) 5 of the Act on the Management and Use of Excreta (a violation of disposal of excreta, etc.), Article 50 subparagraph 4 of the Act on the Management and Use of Excreta, Articles 11 (3) of the same Act (a point of installation of non-reported discharging facilities), and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is examined, and the defendant commits the crime of this case.

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