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(영문) 의정부지방법원 고양지원 2014.04.30 2014고정447
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who raises pigs in SP at the time of sowing.

A person who intends to install waste-generating facilities shall file a report with the competent authority, and a person who raises livestock shall not cause livestock excreta not properly disposed of due to negligence in the course of performing his/her duties to flow into public waters.

Nevertheless, from July 2013 to November 8, 2013, the Defendant installed a swine breeding facility (362 square meters) which discharges livestock excreta in the said place without reporting the installation of a waste-generating facility to the competent authority, and raising 34-marine of pigs, which discharges livestock excreta in the said place. The Defendant did not properly manage the septic tank, so that livestock excreta flows into public waters through neighboring ditches by neglecting the water in the septic tank or exceeding the sewage excreta in the damaged septic tank.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on entrustment of accusation;

1. Article 50 of the relevant Act on the Management and Use of Livestock Excreta which is subject to the option of penalty, and subparagraph 3 of Article 11 of the Act on the Management and Use of Livestock Excreta which is subject to the option of penalty, and Article 50 (3) of the Act on the Management and Use of Livestock Excreta, subparagraph 8 of Article 50 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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