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(영문) 전주지방법원 군산지원 2018.01.24 2017고정406
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant reported on August 26, 2010 excreta recycling in the name of “agricultural partnership C” in Jeollabuk-si, Jeollabuk-do.

On June 19, 2017, at around 10:30, the Defendant distributed livestock excreta produced at the Defendant’s livestock recycling facility ( liquid manure) on farmland in the farmland located in Yasan-si, Yasan-do.

Since there is a discharge tool that moves into neighboring farming waterways as farmland, the defendant was obliged to pay a duty of care not to flow liquid manure into public waters through the discharge outlet by blocking the discharge outlet that moves into farming waterways with soil, etc.

Nevertheless, the defendant's negligence in the course of business that spreads liquid manure without checking a part of the discharge outlet and without preventing it, brought the above amount of liquid manure into the farm waterway, which is a public water area through the discharge outlet of the farm land.

Accordingly, the defendant's negligence in the course of business discharges livestock excreta to public waters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and field photograph of the suspect;

1. Application of statutes governing certificates of reports on the recycling of foul waste;

1. Subparagraph 2 of Article 51 and Article 10 (1) of the Act on the Management and Use of Excreta in connection with a crime committed;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act for the Provisional Payment Order [a punishment heavier than that for a summary order shall be imposed, considering the fact that the defendant has been already punished twice for the same crime, the degree of negligence is relatively minor, and the defendant operates an agricultural partnership C in good faith];

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