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(영문) 대구지방법원 2015.12.16 2015고정2655
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an operator of liquid manure C by an agricultural company limited to the agricultural company in Busan Metropolitan City.

A person who smokes manure or liquid manure shall not spread the liquid manure produced in a resource recovery plant into which the installer of the relevant resource recovery plant secures in disposing of or spraying livestock excreta, manure, or liquid manure in any place other than the spraying area of liquid manure secured by the person who installed the relevant resource recovery plant, and shall ensure that the liquid manure can easily flow into the public waters without discharging into the soil by spraying liquid manure together with spraying liquid manure or neglecting soil, and that the liquid manure shall not flow into the public waters in violation of this provision.

Nevertheless, the Defendant, on May 26, 2015, spreads a total amount of 135 tons of liquid manure generated in the above C using H liquid tank vehicles, which were generated in the above C, without discharging soil from G, Si, E, F, or G, or performing drilling work. On May 27, 2015, by spraying liquid manure equivalent to about 60 tons of liquid manure produced in the above C in the same manner as in the above land, thereby flowing about about a total of 135 tons of liquid manure generated in the same manner into public waters, such as spraying liquid manure equivalent to about 45 tons of liquid manure generated in the above land.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation;

1. A certificate of spraying liquid manure;

1. Application of Acts and subordinate statutes on photographed land;

1. Article 49 Subparag. 2, Article 10 (1), and Article 17 (1) 5 of the Act on the Management and Use of Livestock Excreta Selection for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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