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(영문) 제주지방법원 2018.01.17 2017고단2381

가축분뇨의관리및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operates a E farm, which is the head of the money in Jeju City D, and obtains permission to install excreta emission facilities.

No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act that discharges or is likely to bring livestock excreta, manure, or liquid manure into public waters by discharging or neglecting it or by spraying it in breach of the standards for spraying liquid manure.

Nevertheless, during the period from around July 2015 to around the end of July 2017, the Defendant installed a pump of about 70 to 80 meters in the instant farm storage and discharges foul waste on the farmland owned by the Defendant, which fell short of about 70 to 80 meters, does not timely treat livestock excreta in the storage of livestock excreta; or discharges foul waste into approximately 3,697 tons of livestock without permission by using a terter truck where a two ton tank tank is installed; and without permission, discharges livestock excreta in the nearby orchard in the manner of discharging livestock excreta; and does not contain a specific explanation on the “decrist aggregate” in the facts charged of hiding livestock excreta around the discharge site; however, it is not the word used in the entire area of the Republic of Korea, but rather the term used in accordance with the geological structure characteristics of the Jeju-do area. Therefore, the definition of the crime is added to this.

(In order to flow into the public water area through the ground surface through a large-scale gracking area connected to the ground surface, or a large-scale gracking area distribution into the underground surface and a large-scale gracking area connected to the ground surface, into the underground waterway, such as allowing the water to flow into the underground waterway. (In the case of a large-scale gracking area into the underground surface)

Summary of Evidence

1. Partial statement of the defendant;

1. The second-time protocol concerning the examination of suspect against the accused;

1. Each legal statement of witness F, G, H and I;

1. Statement made by each special judicial police officer to J, G and F;

1. A H statement;

1. A survey report on each actual condition;

1. Each investigation report [Report on securing materials for the collection of foul waste (6,68 pages of evidence), .