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(영문) 광주지방법원 2015.05.19 2015고정248
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

The Defendant runs livestock breeding business with permission to install a livestock excreta discharge facility in Jeonyang-gun C. The installer of a livestock excreta discharge facility shall discharge livestock excreta discharged from a livestock shed, which is a waste-generating facility, into a disposal facility, to dispose of it, and shall not discharge livestock excreta discharged from a disposal facility halfway without converting it into resources.

Nevertheless, the Defendant raised 65 livestock from October 10, 2014 to October 22, 2014, and did not bring about 20 tons of livestock excreta, which became effective at livestock excreta disposal facilities, into a dry field around the stable without bringing them into a sand shed, which is a disposal facility for 13 days. At that time, the Defendant discharged approximately 10 litress of the raw water from the compost from a sand shed, which is a disposal facility, into public waters via an excellent pipe.

Summary of Evidence

1. Defendant's legal statement;

1. A business trip report, a written confirmation of violation, and a guidance and inspection table of places of business installing livestock excreta discharge facilities;

1. Application of Acts and subordinate statutes to report the investigation according to prosecutor command;

1. Article 49 of the relevant Act on the Management and Use of Livestock Excreta that is subject to the option of penalty, subparagraph 2 of Article 49 of the Act on the Management and Use of Livestock Excreta that is subject to the option of punishment (in cases of discharging livestock excreta into public waters), subparagraph 2 of Article 49 of the Act on the Management and Use of Livestock Excreta, and Article 17 (1) 1 of the Act on the Management and Use

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;

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