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(영문) 청주지방법원 영동지원 2014.03.20 2014고정1
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No facility operator, etc. shall discharge livestock excreta flowing into a disposal facility without converting it into resources or without discharging it into a disposal facility through a final outlet or install a facility capable of discharging livestock excreta halfway.

Nevertheless, on May 2013, the Defendant discharged approximately eight tons of livestock excreta generated from fire fighting facilities and compost facilities, and nearby cattle breeding facilities, which were disposal facilities located in the Yancheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, 201, and discharged livestock excreta to the above D and two parcels without converting the livestock excreta into resources.

Summary of Evidence

1. Defendant's legal statement;

1. A report on control of livestock excreta discharge facilities;

1. Investigation report (the result of confirmation of measures taken after control);

1. Application of statutes on site photographs;

1. Subparagraph 4 of Article 50 and Article 17 (1) 2 of the Act on the Management and Use of Livestock Excreta in relation to facts constituting a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition in consideration of the following: (a) the Defendant’s adequate livestock excreta was not leaked out of the outside in the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant recovered and properly treated livestock excreta; (c) the Defendant lives faithfully without any other previous conviction than a fine prior to one time; and (d) the Defendant led to confession of the fact of the crime and reflects the mistake.

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