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(영문) 대구지방법원 서부지원 2018.04.03 2017고정600
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant was raising approximately 81 cattle while operating a breeding facility with a size of 564.54m2 in Gyeong-gun, Seongbuk-gun, Chungcheongnam-do, and obtained a report on the installation of excreta discharge facilities for livestock excreta on November 26, 2003.

Although a person who discharges livestock excreta after filing a report on the installation of a facility for discharging livestock excreta does not commit an act of outflowing or leaving it into a public water area, the Defendant left the water pipe installed in the above breeding facility to drink water to a small river located in the public water area from May 9, 2017 to May 29, 2017, thereby leaving the water pipe installed in the above breeding facility, leaving the water pipe into a public water area, and leaving it into a small river located in the public water area through an adjacent drainage route, by mixing the water with the livestock located in the above breeding facility.

As a result, the Defendant, who reported the installation of a facility for discharging excreta, has leaked and neglected it in discharging excreta and discharged it into the public water area.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes concerning accusation, statement of business trip, and field photograph;

1. Article 50 of the Act on the Management and Use of Excreta and Articles 50 (5) and 10 (1) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and the selection of fines;

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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