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(영문) 제주지방법원 2018.08.09 2018노213
가축분뇨의관리및이용에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court, on the grounds delineated in the lower judgment or in the misapprehension of legal doctrine, erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

① With respect to the violation of the Act on the Management and Use of Livestock Excreta, the Defendant did not discharge livestock excreta in the aforesaid storage structure without permission by reducing the mouths of L from around 2013 to November 2015 by connecting the said storage with rubber straw, and did not discharge livestock excreta from about 2,917 tons during the period of the instant crime, and did not discharge livestock excreta from about 2,917 tons without permission during the instant crime. Of them, the Defendant did not conceal part of livestock excreta to flow into groundwater.

(2) In relation to the violation of the Waste Management Act, the Defendant was not required to reclaim wastes without permission in collusion with B.

2) The punishment sentenced by the lower court (one year and two months of imprisonment and fine of three million won) is too unreasonable.

B. The sentence sentenced by the prosecutor (one year and two months of imprisonment, and three million won of fine) is too unhued and unfair.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. According to the evidence submitted by the Prosecutor, the part related to the unauthorized discharge of foul waste using brick and rubber 1) the part related to the Defendant’s operation around 2004

M In an investigative agency and a court of the court below, the court below stated that "the defendant, at the time of his/her service, instructed the discharge of excreta from livestock in the storage tank in such a way that he/she deducteds a hole in the bomer or connects the bomer with the storage tank."

W In the investigation agency and the court of the court below, “I hear the horses that “I will not account for the storage of livestock excreta from a person who worked in the near AW money company at the time,” and confirm that there is no error in the AW money company, and I also hear only the horses that “I believe” from the Defendant.

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