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(영문) 제주지방법원 2018.08.29 2018고단644
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 operated the “C farm” in which approximately KRW 670 swine breeding facilities are installed in Seopo-si B, Seopo-si, and obtained permission for the installation of excreta emission facilities from the Si of Seopo-si on May 12, 1993.

A person who installs a waste-generating facility, a person who operates a disposal facility installed by him/her, a person who operates a disposal facility installed by him/her, or a person who smokes manure or liquid manure shall not spread the amount produced in a resource recovery plant to make liquid manure in any place other than the area secured by the installer of a resource recovery plant in disposing of and spraying livestock excreta, manure, or liquid manure.

Nevertheless, from August 2016 to October 2017, the Defendant spreaded approximately KRW 75 tons of the amount produced from the above C farm using a vehicle spraying liquid manure with a certain amount of 5 tons in Seocho-si D and E land, which is a place other than a place spraying liquid manure.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A certificate of violation;

1. Violations, photographs and on-site photographs;

1. Application of the statutes on the site location map;

1. Subparagraph 2 of Article 49 and Article 17 (1) 5 of the Act on the Management and Use of Excreta in connection with a crime committed;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the fact that it is against the law, the fact that it is not a large amount of expenses distributed in violation of the provisions, but, as a result, it is used as a fertilizer in dry field cultivated by the defendant);

1. The community service order under Article 62-2 of the Criminal Act;

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