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(영문) 제주지방법원 2018.08.08 2018고단294

가축분뇨의관리및이용에관한법률위반

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2007, the Defendant obtained permission for the installation of facilities to discharge foul waste from the Jeju Mayor, and operated a swine breeding facility of approximately 1,800 pigs in the “E farm” located in Jeju City D.

No person who installs and operates discharging facilities shall install any facilities in which livestock excreta flowing into a disposal facility can be discharged without converting it into resources or without discharging it through the final outlet.

Nevertheless, around April 2016, the Defendant installed excreta inflow facilities (breadth 70cm, length 70cm, length 70cm, depth 45cm) on the ground that excreta generated at the time of cleaning the non-land passage and the shipment large volume of livestock in the “E farm” site, and on the other side, the Defendant installed separate pipes and installed pipes and valves at 150 meters in diameter connected to the storage, so that excreta can flow into the neighboring farm by getting out of the 46m in length and diameter 300m in diameter, and flow over the 300m in diameter.

Accordingly, the Defendant installed a facility that can discharge the pipes according to the excellent pipes without going through the final discharge outlet through the pipe connected to the livestock excreta storage tank (14 tons capacity) and the foul waste inflow facility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by a special judicial police officer with respect to F;

1. G Fact-finding certificates;

1. Field investigation;

1. Pipelines connection map of E farm interim discharge facilities;

1. Application of 12 copies of on-site photographs, 9 on-site photographs, 3 copies of on-site photographs, and 8 photographs;

1. Article 49 of the Act on the Management and Use of Excreta which is the option of criminal facts and Article 49 of the Act on the Management and Use of Excreta which is the option of punishment, Article 17 (1) 2 of the Act on the Selection of Imprisonment;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (it is against the law of the Republic of Korea, the primary charge, and the intermediate discharge of livestock excreta in real use.