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(영문) 수원지방법원 평택지원 2018.04.12 2017고단2268
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates livestock excreta discharge facilities, which raise approximately 1,000 pigs in the name of "F" in Pyeongtaek-si D and E.

1. A person who intends to install, or is operating, a swine breeding facility the area of which is at least 1,00 square meters for the operation of facilities discharging foul waste without permission shall obtain permission from the head of a Si/Gun/Gu after preparing a plan for the installation of emission facilities, as prescribed by Presidential Decree;

Nevertheless, from July 2008, the Defendant leased the above F building with a size of 1,160.67 square meters from G to that of the present year without obtaining permission from G.

2. A person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure into the public waters of livestock excreta shall not commit an act of discharging or leaving such livestock excreta or liquid manure into the public waters;

Nevertheless, on August 3, 2017, the Defendant continued to operate five pigss (1,160.67 square meters) and one Dong (213.4 square meters) with the storage and fermentation of excreta from the above F around August 3, 2017, and caused livestock excreta to a nearby public water area by neglecting livestock excreta from the open door of the said pigs and excreta storage tank, and by neglecting livestock excreta from the entire farm site to a nearby public water area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a report on the results of each business trip, on-site photographs, the results of the inspection of the pollution degree of foul waste water, an order to take measures to discharge facilities and treat livestock excreta, a report on the installation of facilities discharging foul waste, a building management register

1. Article 49 (1) and Article 11 (1) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense; Articles 48 (1) and 10 (1) of the Act on the Management and Use of Excreta;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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