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(영문) 광주지방법원 목포지원 2016.03.24 2015고단1364

가축분뇨의관리및이용에관한법률위반

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Where the living environment or public waters are polluted or are likely to be polluted due to excreta, manure, or liquid manure leaked or neglected, the head of a Si/Gun/Gu who has failed to comply with an order to take measures may order a person who discharges, collects, transports, disposes of, or spreads livestock, manure, or liquid manure, or other owner or manager of livestock, manure, or liquid manure to take measures necessary for the prevention of environmental pollution, such as changing the method of storage of excreta, manure, or liquid manure, or collecting excreta, manure, manure, or liquid manure; and in such cases, the owner or manager of livestock, manure, or liquid manure shall comply with an order to take measures;

Nevertheless, on June 19, 2015, the Defendant did not comply with an order issued on June 19, 2015, to take measures to remove the night livestock excreta from the number of Pyeongtaek-gun on June 19, 2015 and dispose of its surroundings, on the ground that livestock excreta might be contaminated by a living environment or public water area.

2. The Defendant is raising cattle 20 mars without filing a report on the discharge of livestock excreta in Pyeongtaek-gun, Nam-gun, Nam-gun, and operates livestock excreta discharge facilities (184 marm2).

A person who installs and operates facilities discharging foul waste, etc. shall not discharge foul waste without discharging it into facilities for treatment, or install facilities that can discharge foul waste without discharging it into facilities for treatment.

Nevertheless, from August 21, 2015 to August 28, 2015, the Defendant discharged livestock excreta generated from the instant emission facility to treatment facilities, and instead discharged livestock excreta into neighboring farming roads, farming roads, and waterways.

Summary of Evidence

1. Statement by the defendant in court (the fifth public trial date);

1. Each police statement made to E and F;

1. An order to remove foul waste caused by foul waste in the night;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 50 of the Act on the Management and Use of Excreta which is applicable to facts constituting an offense and of which punishment is selected;