beta
(영문) 광주지방법원 순천지원 2020.06.05 2019고정166

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a stable in which the defendant raises cattle.

1. Anyone who intends to collect and transport livestock excreta for the purpose of recycling it shall report thereon to the head of a Si/Gun/Gu;

Nevertheless, the Defendant, at around 11:20 on January 23, 2019, did not report to the competent authorities on collection and transportation of about 10 tons of livestock excreta and about 30 tons of livestock excreta as recycling facilities, respectively, at a stable that raises cattle and horses in Bosung-gun C, which is operated by another person, and at a E farm that raises ducks located in Bosung-gun D, which is operated by another person, in order to produce composts that are to be used for his own farm.

Accordingly, the defendant operated a compost without filing a report on recycling of livestock excreta.

2. No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act of discharging or neglecting livestock excreta, manure, or liquid manure into public waters to flow or cause to flow it into such public waters;

Nevertheless, the Defendant operated livestock excreta recycling facilities at the same time and time as Paragraph (a) and operated livestock excreta recycling facilities, which were stored in livestock excreta recycling facilities, discharged livestock excreta into a river flown side of the new livestock excreta and livestock excreta recycling facilities.

Accordingly, the Defendant violated the obligation to dispose of livestock excreta, manure, and liquid manure.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A business trip report;

1. On-site photographing photographs;

1. Application of satellite photographing statutes;

1. Article 49 subparagraph 7 of the relevant Act and subparagraph 7 of Article 27 (1), subparagraph 5 of Article 50, and Article 10 (1) of the Act on the Management and Use of Livestock Excreta that has not been reported, the selection of fines for negligence and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;