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(영문) 광주지방법원해남지원 2020.11.19 2020고정87
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Where an installer or operator of a discharging facility installs a discharging facility at a place where the installation of the discharging facility is prohibited, the head of a Si/Gun/Gu may order him/her to suspend the use for not more than six months, and shall not comply with such order

Nevertheless, the Defendant installed and operated discharge facilities, such as installing one livestock shed, which is a livestock breeding facility, in Jeonnam-gun, Jeonnam-gun, a zone where livestock raising is restricted, and raising 20 marins, etc., and did not comply with an order of suspension of use issued from the Gun of Navy around March 6, 2020 to March 31, 2020 to suspend the use of the said livestock shed.

Summary of Evidence

1. Defendant's legal statement;

1. A public official's statement;

1. A business trip report;

1. Application of Acts and subordinate statutes governing the order to suspend the use of illegal livestock excreta discharge facilities;

1. Article 49 subparagraph 6 of the relevant Act on the Management and Use of Livestock Excreta which is the option of crime and Article 18 (1) 4 of the Act on the Management and Use of Livestock Excreta which is the option of a fine;

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

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

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