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(영문) 광주지방법원 목포지원 2017.06.08 2016고단1353

가축분뇨의관리및이용에관한법률위반등

Text

Defendant

A Imprisonment for two years, Defendant B’s agricultural partnership for a fine of 20,000,000 won, Defendant C’s agricultural partnership, or D.

Reasons

Punishment of the crime

[2016 Highest 1353] Defendant B’s farming association corporation is a corporation whose purpose is the business of manufacturing fertilizers located in Pyeongtaek-gun G in Nam-gun. Defendant C farming association corporation is a corporation whose purpose is the business of manufacturing fertilizers located in H; Defendant D farming association corporation is a corporation whose purpose is the business of manufacturing fish farms located in Pyeongtaek-gun I; Defendant D farming association corporation is a corporation whose purpose is the business of raising fish farms located in Pyeongtaek-gun I; and Defendant A actually operates each of the above corporations.

1. Defendant A

A. Around 10:00 on May 10, 2016, the Defendant: (a) committed an act of treating livestock excreta, such as a farming association corporation and a livestock waste discharging business entity, etc. at the place of business of the said B, in two lots outside of the J, Yan-gun, Chungcheongnam-gun, and one thousand five hundred and sixty-four square meters; (b) on the other hand, the Defendant left livestock outside the warehouse, which is mixed with rainwater, into a water reservoir, which is a public water zone near, by neglecting the act of discharging or threatening to flow livestock excreta into the public water area by leaving livestock outside the warehouse, such as moving livestock excreta into the warehouse.

B. On May 10, 2016, the Defendant, at around 11:00, discharged livestock excreta into a water reservoir, a public water zone where rainwater is mixed with rainwater due to rainwater, even though the Defendant’s treatment of livestock excreta, such as the agricultural partnership corporation and the recycling reporter, at the place of business of the said C, in which the Defendant had been located more than 11:0 square meters and more than 3 2,688 square meters, was prohibited from discharging or threatening to a public water zone by leaving livestock excreta outside the warehouse, such as not moving livestock excreta outside the warehouse, into the warehouse, etc.

(c)

On May 11, 2016, the Defendant issued an order to improve the facility to prevent excreta from being leaked to the outside, such as the roof and fee of composts in C agricultural partnership and D, despite the need to comply with the order of improvement issued by the competent authorities.