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(영문) 대전지방법원 공주지원 2016.04.15 2015고단414
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operates a stable, which is an excreta discharging facility, with the trade name of “E farm” in two places, such as Chungcheong-gun C (hereinafter “C livestock shed”) and the same Do D (hereinafter “D livestock shed”).

1. A person who intends to install emission facilities exceeding the scale prescribed by Presidential Decree, among emission facilities which are not subject to permission for activities related to livestock pens, shall report to the competent authority, and no person shall use emission facilities installed or altered without reporting;

In addition, a person who installs and operates a discharging facility shall not discharge livestock excreta flowing into a disposal facility without converting it into resources or without discharging it through the final discharge outlet.

The defendant has not reported to the competent authority, and the defendant has not reported to that authority;

A. From the end of June 2015, around 75 tons of swine excreta, which was not converted into resources in composts, a disposal facility for livestock pens above C, was loaded into a truck using boomers, and was loaded into a forest near the port of Cheongyang-gun, Chungcheongnamyang-gun, Chungcheongnamyang-gun.

B. At the end of June 2015, around 500 tons of swine excreta, which was not converted into resources in composts, the treatment facilities for livestock pens above C, were loaded into the truck using boomers, and was loaded into the forests and fields located in Cheongyang-gun F.

Accordingly, the Defendant, who did not report the installation of discharging facilities, discharged livestock excreta flowing into disposal facilities twice in a state of not converting it into resources.

2. A person who installs a discharge facility related to livestock pens and a person who operates a discharge facility installed by him/her shall not discharge livestock excreta without flowing it into a treatment facility or install a facility capable of discharging livestock without flowing it into a treatment facility;

A. At the end of August 2015, the Defendant used Poke 50 km of solid livestock excreta, which did not flow into a treatment facility, from the livestock shed above D around the end of August, 2015.

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