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(영문) 대구지방법원 의성지원 2020.04.02 2019고단303
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months and a fine of five million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On December 28, 2004, the Defendant obtained permission to install a livestock excreta discharge facility with the trade name of “C” from Gyeong-gun, Seongbuk-gun, and one parcel of land, Gyeongbuk-gun, 2004.

2019 Highest 303

1. A facility installer for discharging livestock excreta, a person who operates a disposal facility installed by him/her, a installer of a disposal facility, a person who operates a disposal facility installed by him/her, or a person who smokes manure or liquid manure shall not discharge livestock excreta flowing into a disposal facility without converting it into resources or without discharging livestock excreta through the final outlet (hereinafter referred to as "interim discharge") or install a facility for discharging livestock excreta through which livestock excreta can be discharged halfway;

On September 20, 2019, the Defendant distributed about five tons of livestock excreta stored in the liquid manure storage tank above C around September 20, 2019 to dry field owned by the Defendant in the same Gun D and discharged livestock excreta halfway.

2. A person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure into public waters shall not commit an act of discharging or likely to flow livestock excreta, manure, or liquid manure into public waters, such as farm roads, etc. by discharging or neglecting it;

On September 2, 2019, the Defendant, in the dry field owned by the Defendant, distributed livestock excreta, as described in paragraph 1, into a dry field owned by the Defendant, which was mixed with rainwater and flown away from the farm water, and discharged livestock excreta of a quantity not known through removing tree plates preventing discharge of the above farming water, into a nearby farm road, which is a public waters.

No installer of livestock excreta-generating facilities, operator of a waste-generating facility installed by him/her, installer of a disposal facility, operator of a disposal facility installed by him/her, or person who smokes manure or liquid manure shall discharge livestock excreta without discharging it into a disposal facility.

On July 28, 2019, the Defendant: (a) ppuried water and pigs in the above C to control the physical temperature of pigs.

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