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(영문) 울산지방법원 2014.05.08 2013고정1342

가축분뇨의관리및이용에관한법률위반

Text

Defendant

A A shall be punished by a fine of KRW 2.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

Defendant

A.

Reasons

Punishment of the crime

1. Around 07:00 on March 1, 2013, Defendant A introduced livestock excreta in liquid manure into public waters in a farm operated by the Defendant located in Ulsan-gun, Ulsan-gun.

2. Defendant B, the representative of the Defendant’s farming association corporation, or his employee, committed the following offenses with respect to the Defendant’s business.

A around 07:00 on March 1, 2013, at the time of Ulsan-si, the Defendant’s farm located in Ulsan-gun, into public waters, livestock excreta in liquidization into public waters; and

(b) his employee spraying liquid manure in Ulsan-gun E, F, and G, a place other than grassland secured on February 28, 2013, and was not engaged in spraying liquid manure or spraying soil;

(c) The employee did not spread liquid manure to H in Ulsan-si, Ulsan-si, a place other than grassland secured on May 7, 2013, and did not spread liquid manure, spread soil, or do so.

Summary of Evidence

1. The defendant A's partial statement

1. A report on investigation (violation of standards for spraying liquid manure);

1. Reporting on investigation (Leakage of livestock excreta into public waters);

1. Investigation report (for reporting liquid tank engineers and reference witnesses);

1. A certificate of collection of samples;

1. Investigation report (verification as to whether excreta discharged into public waters is liquid manure);

1. A certificate or business registration certificate submitted by the suspect;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of additional illegality during an investigation);

1. Defendant A: Article 48 subparag. 1 and Article 10 of the Act on the Management and Use of Livestock Excreta; Article 52, subparag. 1, and Article 10 of the Act on the Management and Use of Livestock Excreta; Article 52 of the Act on the Management and Use of Livestock Excreta; Article 52 of the Act on the Management and Use of Livestock Excreta; Article 51 subparag. 1, and Article 17(1)5 of the Act on the Management and Use of Livestock Excreta (the occupation of scattering outside the first place secured); Articles 52 and 51 subparag. 1, and Article 17(1)5 of the Act on the Management and Use of Livestock Excreta; Article 52 of the Act on the Management and Use of Livestock Excreta; Article 51 subparag. 1, and Article 17(1)5 of the Act on the Management and Use of Livestock Excreta; the selection of fines