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(영문) 대전지방법원 2017.04.14 2017고정242
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

A person who comprehensively manages “C” in Sejong Special Self-Governing City B, and a person who discharges, collects, transports, disposes of, or inhales livestock excreta, as such, shall not commit an act of flowing or threatening to bring livestock excreta into public waters by discharging or neglecting it.

The defendant from around July 16, 2016 to the same year.

8.1. Despite the duty of care to thoroughly manage pipes, etc., which were generated from livestock pens, which are livestock excreta discharge facilities, from livestock excreta discharge facilities, and to prevent excreta from leaking out to the outside, the said pipes were prevented, or the damaged pipes were neglected intentionally, and the excreta 3.61 cubic meters of the livestock excreta flow into the static mountain, etc., the public waters.

Summary of Evidence

1. Statement by the defendant in court;

1. Official text requesting an investigation;

1. A report on investigation (a report on confirmation as to whether the water flows into a public water zone);

1. Road for known the result of pollution level inspection;

1. Application of field photographs and video CD-related Acts and subordinate statutes;

1. Article 49 of the Act on the Management and Use of Excreta that is applicable to the facts constituting an offense and Articles 49 subparagraph 2 and 10 (1) of the Act on the Management and Use of Excreta that is selected as a penalty;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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