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(영문) 제주지방법원 2018.11.28 2018고단1365
가축분뇨의관리및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 is a person who runs a swine breeding business under the trade name of “E” in Jeju-si.

1. In disposing of and spraying livestock excreta or manure or liquid manure, a person who installs an emission facility in violation of the Act on the Management and Use of Livestock Excreta, a person who operates such facility, a person who operates such a disposal facility, or a person who smokes manure or liquid manure shall not discharge livestock flowing into a treatment facility in a state of not converting livestock excreta into resources or in a state of not undergoing the final discharge outlet, or install a facility capable of discharging livestock halfway without undergoing the final discharge outlet;

Nevertheless, from January 2015 to December 2017, the Defendant connected an underwater booming pumps and heading with the above farm excreta storage plant, and discharged 720 tons of livestock excreta in an orchard owned by the Defendant, which is located near the above farm, without converting them into resources.

2. No person who violates the Waste Management Act shall reclaim or incinerate industrial wastes at a place other than waste treatment facilities permitted, approved, or reported pursuant to the Waste Management Act;

Nevertheless, from July 2017 to December 2017, the Defendant buried 53.88 tons of construction wastes, such as sawsaw and waste concrete, generated in the process of construction work for the improvement of saws in the above farm, without permission, on the land within the above farm, such as the remaining vacantter, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by a special judicial police officer with respect to F;

1. Permits to install discharging facilities for livestock wastewater;

1. Application of aerial photographys, on-site photographs, related photographs, and E aerial photography statutes;

1. Article 49 Subparag. 2 of the Act on the Disposal and Use of Excreta which is the option of a punishment, and Article 17 Subparag. 2 of the Act on the Disposal of and Use of Excreta (the illegal dumping of excreta), Article 63 Subparag. 2 of the Waste Management Act, Article 8(2) of the Waste Management Act (the illegal reclamation of excreta) and Article 8 of the same Act, respectively.

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