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(영문) 광주지방법원 목포지원 2019.01.11 2018고단721

가축분뇨의관리및이용에관한법률위반

Text

Defendant

A Imprisonment for six months, Defendant B’s agricultural partnership shall be punished by a fine of 4,000,000 won.

However, Defendant A.

Reasons

Punishment of the crime

Defendant

B The farming association corporation is a corporation that collects and transports livestock excreta, spreads liquid manure, etc. in Yong-gun, Yong-gun, and the defendant A was the representative director of the corporation and reported the recycling of livestock excreta.

1. In spraying manure or liquid manure, Defendant A livestock excreta recycling reporter shall spread the market load according to a document certifying the appropriate trial cost, etc. of crops issued in D in compliance with the standards for spraying liquid manure prescribed by Ordinance of the Ministry of Environment. A.

From February 9, 2018 to February 26, 2018, Defendant A used a total of six parcels of land (area 60,834.0 square meters) in Yongnam-gun F, G, H, I, I, and Yongnam-gun, K, and 168 tons of liquid manure, as a livestock excreta recycling reporter, using a total of six parcels of land (area 60,834.0 square meters).

Accordingly, Defendant A did not comply with the spraying standards for liquid manure and spread liquid manure.

B. From February 13, 2018 to February 29, 2018, Defendant A used L, M, and N liquid manure spraying vehicles, as a livestock excreta recycling reporter, distributed liquid manure to 192 tons of liquid manure by using L, M, and N liquid manure spraying vehicles, without a prescription on the land on the land (area 35,842.6 square meters) of the former Yong-gun, Yong-gun, and Jeonnam-gun, J, and K four lots of land (area 35,842.6 square meters).

Accordingly, Defendant A did not comply with the spraying standards for liquid manure and spread liquid manure.

2. Defendant B, the representative of Defendant B’s agricultural partnership, did not comply with the foregoing standards for spraying liquid manure with respect to the business of Defendant B’s agricultural partnership at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. The legal statement of P of the representative director of the agricultural partnership corporation B;

1. Statement made by the police to Q Q;

1. A written statement of Q;

1. On-site photographs;

1. Application of each statute on a written accusation;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 50 of the Act on the Management and Use of Livestock Excreta.