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(영문) 대전지방법원 서산지원 2018.02.21 2017고단996
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Violation of the Act on the Management and Use of Excreta - A person who intends to install, or who installs and operates, emission facilities in excess of the scale prescribed by Presidential Decree for an unauthorized livestock shed shall obtain permission from the head of a Si/Gun/Gu after preparing a plan to install emission facilities, as prescribed by Presidential Decree;

Nevertheless, from May 6, 2017 to November 20 of the same year, the Defendant raised pigs 1,200 from May 201, 201, in the aggregate of 2,829.5 meters of the area of Jinsi C and D of the same city from May 6, 2017 to November 20 of the same year.

Accordingly, the Defendant established and operated a swine breeding facility without obtaining permission from the competent authorities.

2. Violation of the Act on the Management and Use of Excreta - No installer or operator of an intermediate discharge facility of foul waste shall discharge livestock flowing into a treatment facility without converting such livestock into resources or without discharging it through the final outlet (hereinafter referred to as "interim discharge") or install any facility capable of discharging livestock halfway;

Nevertheless, around June 2017, the Defendant installed a pump in a storage tank with livestock excreta in a livestock shed operated by the above Defendant, and installed a facility capable of discharging livestock excreta in an intermediate way by connecting pipings that can connect with the pumps in an adjacent orchard to the water pipe.

As a result, the Defendant installed facilities that can discharge livestock excreta in an intermediate manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement protocol concerning E, F, G, and H;

1. A certificate;

1. Application of the regulations, such as a control photograph and an outline arrangement of building permit, a livestock farming business registration certificate, etc.;

1. Relevant Article of the Act on the Management and Use of Excreta that is subject to the option of punishment, and Article 48 subparagraph 1 of the Act on the Management and Use of Excreta that is subject to the option of punishment, Article 17 (1) 2, subparagraph 1 of Article 49, Article 11 (1), and Article 17 (1) of the Act on the Selection of Imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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