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(영문) 대전지방법원 홍성지원 2018.11.13 2018고단558
가축분뇨의관리및이용에관한법률위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for six months and a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Defendant

A farming association corporation B is a corporation established for the purpose of non-production, transportation, spraying, etc. of the amount of livestock collected from the livestock farmers through resource recovery facilities, and then spraying livestock excreta on farmland. Defendant A is a person in charge of overall management related to non-production of the amount of livestock collected from the livestock farming association corporation B.

1. Defendant A

A. (1) A person who operates a livestock excreta treatment facility without permission in violation of the Act on the Management and Use of Livestock Excreta shall not discharge livestock excreta without discharging it into a treatment facility. However, on November 19, 2017, the Defendant collected 27 tons of livestock excreta from F in Hongsung-gun E around November 19, 2017, and discharges livestock excreta to H-owned rice located in Seosan-si G without discharging livestock excreta into a treatment facility on the 21st day of the same month.

In this regard, the Defendant collected 810 tons of livestock excreta from 30 times to 7 December of the same year, as shown in the list of crimes, and discharged it to farmland without flowing it into treatment facilities.

(2) Although a reporter of the inflow of livestock excreta into the public water area did not commit an act of releasing or threatening to flow livestock excreta into the public water area by negligence in the course of performing his/her duties, the Defendant, on April 2018, sent livestock excreta collected from livestock excreta transport from a livestock excreta transport vehicle to an agricultural waterway adjacent to the storage of one ton of livestock excreta remaining in rubber stuff, by negligence in the course of transferring livestock excreta collected from a livestock excreta transport vehicle in the agricultural partnership B-owned in Ha, Chungcheongnam-gun, Chungcheongnam-gun on early 2018 through rubber straw.

(3) The reporter of the unauthorized discharge of livestock excreta not converted into resources shall either not convert livestock excreta flowing into a disposal facility or shall be the final discharge outlet.

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