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Defendant
A shall be punished by imprisonment for four months, and by a fine of two thousand won for Defendant Incorporated Company B.
Reasons
Punishment of the crime
Defendant
A serves as the head of H’s farm located in Gyeongcheon-gun G and 3 lots, which belongs to F Co., Ltd. A, and Defendant B Co., Ltd. entered into a joint management agreement with F Co., Ltd. on August 19, 2014 to carry out the duties of personnel management, personnel management, facility management, and breeding management of the agricultural corporation F Co., Ltd., with F Co., Ltd. on August 19, 2014.
1. Defendant A is the head of the above H H’s farm, which is a livestock excreta discharge facility permitted by the competent authority, managing the said farm.
No person who discharges, collects, transports, disposes of livestock excreta or manure shall commit an act of discharging, collecting, disposing of, or spraying livestock excreta or manure without complying with the standards for spraying liquid manure, and no person who operates livestock excreta discharging facilities shall commit an act of discharging livestock excreta in a state of not converting livestock excreta flowing into a treatment facility into resources or discharging livestock excreta without passing through the final outlet for discharging livestock excreta.
Nevertheless, on October 1, 2015, the Defendant neglected to exceed the storage capacity of the livestock excreta storage tank installed in the above H, thereby allowing approximately 50.67 cubic meters of livestock excreta to flow out to the neighboring land in the storage tank. The Defendant failed to appropriately manage the composts stored in the composts, thereby allowing the water from the composts to flow out to the neighboring river, which is a public area, a mixture of rainwater, at approximately 4.8 cubic meters away from the entrance of the composts and combined with rainwaters.
2. Defendant B Co., Ltd., the Defendant Co., Ltd., at the time and place specified in the above paragraph (1), and Defendant A, an employee of the Defendant, discharged livestock excreta into nearby land where the storage tank was located.