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(영문) 전주지방법원 2021.01.13 2020고단354
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 8, 1998, the Defendant operated the “C farm” in the former Jinananan-gun B, and filed a report on the installation of the excreta emission facilities with the head of the Jinan-do Police in the former Jinan-gun.

1. He/she shall not discharge excreta without discharging livestock excreta into a treatment facility;

Nevertheless, on June 2019, the Defendant discharged approximately 60 tons of livestock excreta generated from the above C farm to the treatment facilities, without flowing it into the treatment facilities, on farmland located in Jinan-gun, North Korea.

2. Where the living environment or public waters are polluted or are likely to be polluted due to excreta, manure, or liquid manure leaked or neglected, the head of a Si/Gun/Gu who fails to comply with an order to take measures may order a person who discharges, collects, transports, disposes of, or spreads livestock, manure, or liquid manure, or an owner or manager of livestock, manure, or liquid manure, to take measures necessary for the prevention of environmental pollution, such as changing the method of storage of excreta, manure, or liquid manure, or collecting excreta, manure, or liquid manure;

A. On June 26, 2019, the Defendant was ordered to restore livestock excreta discharged without permission from the number of Jinanan Military around June 24, 2019 to the farmland in the former North Jinan Military E or F by July 31, 2019, but did not implement an order, but did not implement an order to restore livestock excreta to the original state by August 5, 2019, with the same content as that of August 20, 2019.

B. On July 22, 2019, the Defendant was ordered to reinstate livestock excreta discharged without permission from the number of Jinanan Military in the early June 2, 2019 by the Defendant to the farmland located in the North Jinan-gun, Da before the early police officer, by July 26, 2019, but failed to implement the order.

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. Each police statement made to G, J, H, and I;

1. On-site photographs, a report on installation of facilities discharging livestock, a certificate of reporting on installation of facilities discharging livestock, the progress of delivery, secondary order for measures and warnings, and a written order of each administrative disposition;

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