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(영문) 대전지방법원 공주지원 2016.04.15 2015고단410
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

The defendant operates livestock pens, which is a livestock excreta discharging facility, under the trade name of a D farm in Cheongyang-gun, Chungcheongnam-gun.

A person who installs and operates a facility discharging foul waste in excess of the scale prescribed by Presidential Decree shall obtain permission, and no person who discharges foul waste shall commit an act of discharging or leaving it into the public waters by discharging or neglecting it.

On August 8, 2015, the Defendant left livestock excreta into a river, which is a public water zone, by leaving livestock excreta flown into a storage house with a size of 180 square meters and 55 square meters without permission, from a livestock breeding house with a size of 180 square meters and that of 55 square meters into a river.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a written confirmation, a map of guidance for the place of business of installing facilities selling livestock wastewater, a photo site related to A livestock pens in C, a copy of a certificate of report on installation of emission facilities subject to reporting, a livestock shed placement map, livestock excreta outflow points, field photographs, and statutes on outflow photographs;

1. Article 49 of the relevant Act and Articles 49 subparagraph 1 and 10 (1) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense;

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

1. In light of Article 334(1) of the Criminal Procedure Act, the Defendant, with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, has been sentenced to a fine of the same kind, but appears to take appropriate measures

In this context, the defendant's age, sex, circumstances of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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