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(영문) 창원지방법원 밀양지원 2019.07.02 2019고정53
가축분뇨의관리및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

From June 2018, the Defendant is a person who installs and operates a swine breeding facility in Syang-si B, a clean area.

1. A person who intends to install and operate a swine breeding facility with a size of at least 500 square meters in a special measures area for the preservation of water quality, such as a clean area for raising livestock raising livestock using an unauthorized discharge facility shall obtain permission from the competent

From June 2018 to February 2019, the Defendant installed and operated a swine breeding facility with a size of 576 square meters not exceeding 576 square meters without obtaining permission for the smuggling market.

2. No person shall discharge livestock excreta into public waters, such as a river, without obtaining permission for the installation of a discharge facility from the competent authority for the occupation of discharging livestock excreta into public waters.

On February 2, 2019, the Defendant installed and operated a swine breeding facility with a size of 576m2 square meters without obtaining permission for the smuggling market, and discharged a quantityless non-livestock excreta into two valleys, public waters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of public official;

1. A report on investigation (Attachment to the applicable law, etc.);

1. A certificate;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 49 subparagraph 1 of the relevant Act and subparagraph 1 of Article 11 (1) of the Act on the Management and Use of Livestock Excreta that is subject to the option of penalty for a crime, Article 49 and subparagraph 1 of the same Article of the same Act, Article 48 subparagraph 1 of the Act on the Management and Use of Livestock Excreta, and Article 10 (1) 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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