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(영문) 의정부지방법원 2019.02.15 2018고단2461

가축분뇨의관리및이용에관한법률위반

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant obtained permission for the discharge of livestock excreta into the Jeju-si market, which is an accusation, and carried out the raising of swine (area 972 square meters: 1,000 square meters) with the trade name in Yangju-si, Yangju-si, and observed the obligation to dispose of livestock excreta. However, on April 2, 2018, the Defendant leaked the volume of livestock excreta to approximately 100 tons in the process of collecting livestock excreta through the process of raising about 1,00 livestock excreta from Yangju-si, PH reaction as a purification facility in the process of collecting livestock excreta through the process of collecting livestock excreta from the 2nd steel and livestock excreta heavy reaction.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. Written accusation for the preparation of the two weeks market;

1. Written statements prepared in D;

1. Application of statutes on site photographs;

1. Article 49 of the relevant Act on the Management and Use of Livestock Excreta which is the option of crime and Articles 49 subparagraph 2 and 10 (1) of the Act on the Management and Use of Livestock Excreta which is the option

1. Article 62 (1) of the Criminal Act;

1. Determination as to the defendant and his/her defense counsel's assertion under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act

1. The gist of the assertion is that the Defendant discharges liquid discharged from a purification tank of livestock excreta, but does not discharge livestock excreta into a river;

2. In light of the following circumstances, comprehensively considering the evidence duly adopted and examined at the trial, the defendant's assertion of the defendant and his/her defense counsel is without merit, since it can be sufficiently recognized that livestock excreta was discharged as stated in the facts constituting a crime.

A public official D who worked in Yangju-si F at the time of the instant crime, upon receiving a report on the discharge of livestock excreta in dry paddy field from this court, visited the C swine farm as stated in the judgment of the Defendant with E and one other employed in the same F, and exceeded livestock excreta as above, in a livestock excreta disposal facility within the said farm.