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(영문) 전주지방법원 2014.11.21 2014고정906
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant shall not discharge livestock excreta discharged from waste-generating facilities without discharging it through a disposal facility, or install a facility that can discharge livestock excreta without discharging it through a disposal facility, upon obtaining permission for the installation of livestock excreta-generating facilities in Kim Jong-si; and the facility operator, etc. shall not perform an act of discharging livestock excreta discharged from waste-generating facilities.

Nevertheless, around May 23, 2014, the Defendant did not flow livestock excreta generated from waste-generating facilities into a storage facility, which is a disposal facility, and discharged livestock excreta into a nearby dry field through a water bomter installed in a storage facility.

Ultimately, the Defendant discharged livestock excreta discharged from waste-generating facilities without discharging it into a disposal facility.

Summary of Evidence

1. Defendant's legal statement;

1. A permit for installation of livestock excreta discharge facilities;

1. Application of Acts and subordinate statutes to reporting plans for measures against violators of the Act on the Management and Use of Livestock Excreta;

1. Article 49 of the relevant Act on the Management and Use of Livestock Excreta which is the option of crime and Article 17 (1) 1 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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