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(영문) 울산지방법원 2020.06.11 2020고정59
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A person who intends to install, installs, or operates a waste-generating facility in excess of the size prescribed by Enforcement Decree of the Act on the Management and Use of Livestock Excreta shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and shall not install, or raise livestock using, a waste-generating facility

Nevertheless, the Defendant, from May 30, 2019 to June 4, 2019, installed a swine breeding facility with a size of 84 square meters, which is an emission facility, without reporting to the competent authority, and raised 50 pigs by using it.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs ledger;

1. Application of Acts and subordinate statutes to a written confirmation or an investigation report;

1. Article 50 applicable to facts constituting a crime and subparagraph 4 of Article 50 and Article 11 (3) of the Act on the Management and Use of Livestock Excreta Selection of Punishment;

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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