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(영문) 인천지방법원 부천지원 2018.11.16 2018고단2640
가축분뇨의관리및이용에관한법률위반등
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

The defendant is a person who raises a dog in Kimpo-si B.

1. A person who intends to install, or is in operation, a breeding facility with an area of at least 60 square meters in violation of the Act on the Management and Use of Excreta shall report to the head of a Si/Gun/Gu;

Nevertheless, the Defendant did not report to the Kimpo-si Mayor on April 23, 2015, and raised approximately KRW 600 mags in a breeding facility with a size of 495 square meters, which is a livestock excreta discharge facility, from around May 1, 2018.

2. A person who engages in recycling food wastes in violation of the Wastes Control Act as food for his/her own livestock shall be equipped with facilities and equipment in compliance with the standards prescribed by Ordinance of the Ministry of Environment and report thereon to the Mayor

Nevertheless, on May 1, 2015, the Defendant, without reporting to the Kimpo-si Mayor, recycled approximately 400 L of food waste in an open facility specified in paragraph (1) as a food waste.

3. No person who violates the Water Environment Conservation Act shall dump excreta, livestock excreta, animal carcasses, wastes, or sludge in a public water zone without justifiable grounds;

Nevertheless, on May 1, 2018, the Defendant dumped approximately 200 L of wastewater, washing food wastes and storage containers, into a nearby agricultural waterway, which is a public water area, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of violation;

1. Application of the Acts and subordinate statutes governing the violation;

1. Article 66 subparagraph 2 of the Wastes Management Act and Article 46 (1) of the same Act concerning facts constituting an offense, Article 50 subparagraph 4 of Article 11 and Article 11 (3) of the Act on the Management and Use of Livestock Excreta, and Articles 78 subparagraph 3 and 15 (1) 2 of the Water Environment Conservation Act;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by the largest Waste Management Act);

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

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

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