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(영문) 전주지방법원 정읍지원 2016.10.20 2016고단377
가축분뇨의관리및이용에관한법률위반
Text

Defendant

A shall be punished by imprisonment of 10 months, by a fine of 5,00,000 won for a limited liability company B.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. The defendant A is the representative director of a limited company B which operates livestock excreta recycling facilities ( liquidization facilities) located in D in Jung-Eup, and who exercises overall control over the affairs of the above company.

No one who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure, as a recycling reporter, shall flow livestock excreta, manure, or liquid manure into public waters by discharging or neglecting it, and shall commit any act that discharges, or is likely to flow into public waters by spraying liquid manure in breach of the standards for spraying liquid manure.

Nevertheless, on July 8, 2016, the Defendant spreaded about 42 tons of liquid manure to neighboring public waters, by spraying about 42 tons of liquid manure on July 8, 2016, and did not allow liquid manure to grow well into soil without flowing liquid manure into water, and without allowing liquid manure to flow out into soil, thereby flowing about 1 ton of liquid manure into drainage and E, which are neighboring public waters.

2. Defendant B limited liability company is a corporation established for the purpose of corporate agricultural management, livestock excreta, and liquid manure disposal business in order to improve productivity.

The defendant, a representative director, leaked about one ton of liquid manure in relation to the defendant's business at the same time and place as paragraph (1) and introduced the drainage and E, which is neighboring public waters.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement;

1. A business trip report;

1. Application of the photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Article 50 Subparag. 11 and Article 10(1) of the Act on the Management and Use of Livestock Excreta against Defendant A;

(b) Articles 52, 50 subparag. 11, and 10(1) of the Act on the Management and Use of Livestock Excreta of Defendant B Limited Liability Company;

1. As a result, confessions under Article 62(1) of the Criminal Act and reflects errors, efforts have been made to recover leaked liquid manure and prevention of recurrence.

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