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(영문) 의정부지방법원 2021.02.04 2020고정1637
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

1. Any person who intends to install, installs, or operates, emission facilities exceeding the scale prescribed by Presidential Decree in violation of the Act on the Management and Use of Excreta shall obtain permission from the head of a Si/Gun/Gu by preparing a plan for installing emission facilities, as prescribed by Presidential Decree;

In addition, a person who intends to install, installs, or operates, emission facilities more than the size prescribed by Presidential Decree among emission facilities not subject to permission should report to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the Defendant, on July 3, 2020, operated a ambling facility with a size of 119.6 square meters in Nam-si, Namyang-si, and did not acquire it even though it was subject to the report on the installation of livestock excreta discharge facilities (not less than 60 square meters).

2. Any person who violates the Wastes Control Act shall prepare facilities and equipment and report thereon to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment, to a person who recycles wastes, such as animals and plants, into his/her own farmland by using such wastes as composts;

Nevertheless, on July 3, 2020, the Defendant recycled food waste as a dog without reporting waste treatment when operating a breeding facility at the same place as the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement C and D;

1. Application of statutes on site photographs;

1. Article 50 subparagraph 4 of the Act on the Management and Use of Livestock Excreta that has been subject to the option of punishment, Article 11 subparagraph 3 of the Act on the Management and Use of Livestock Excreta (the implementation of a report on the establishment of emission facilities), Article 66 subparagraph 2 of the Waste Management Act, and Article 46 (1) subparagraph 1 of the Waste Management Act (the implementation of a report on the establishment of emission facilities), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant’s reasons for sentencing of Article 334(1) of the Criminal Procedure Act, which is the instant facts charged.

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