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(영문) 대전지방법원 2014.02.19 2013고정2464

가축분뇨의관리및이용에관한법률위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 18, 2013, the Defendant, from around October 2009, served as a management director at a agricultural company B, a livestock excreta discharge company, as a management director, from October 18, 2013, and operated and managed livestock excreta discharge facilities at a D farm stable located in Sejong Special Self-Governing City C.

In such cases, there was a duty of care to prevent excreta from flowing into public waters by controlling those who manage livestock excreta discharge facilities so that the roof, storage tank, prevention of leakage, etc. is not damaged.

Nevertheless, the Defendant neglected this due to negligence on June 18, 2013, caused the destruction of one roof of one livestock excreta discharge facility of the said company, thereby discharging rainwater into storage tanks, composts, and livestock excreta storage tanks, and resulting in the discharge of untreated livestock excreta into salary ambancheon, which is a public waters.

2. On September 16, 2013, the Defendant operated and managed livestock excreta discharge facilities as stated in paragraph (1). In such a case, the Defendant had a duty of care to prevent excreta from flowing into public waters by managing the livestock excreta discharge facilities so that it does not cause damage to a person who manages the livestock excreta discharge facilities.

Nevertheless, on September 16, 2013, the Defendant neglected this by negligence, caused ruptures on the second bill of livestock excreta discharge facilities, which were not used by the livestock excreta stable of the above company, to flow livestock excreta in salary ambacheon, which was a public waters, after discharging non-treatment of livestock excreta contained in the above storage.

Summary of Evidence

1. Defendant's legal statement;

1. Each written confirmation of violation;

1. Each inspection report on pollution levels, and results of confirmation;

1. A contract on consignment of livestock excreta and a permit for installation of livestock excreta;

1. Application of Acts and subordinate statutes for explaining photographs;

1. Article 50 applicable to facts constituting a crime and subparagraph 5 of Article 50 and Article 10 of the Act on the Management and Use of Livestock Excreta Selection of Punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.