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(영문) 인천지방법원 2018.05.10 2018고단2099
가축분뇨의관리및이용에관한법률위반등
Text

【Defendant A” is punished by imprisonment with prison labor for a year and two months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who engages in the business of collecting and transporting excreta without permission.

(a) A person who discharges, collects, transports, disposes of, or spreads livestock excreta without obtaining permission for the business of livestock in violation of the Act on the Management and Use of Livestock Excreta shall not commit an act of discharging or threatening to flow livestock excreta into public waters by neglecting it;

Nevertheless, from September 7, 2017 to January 20, 2018, the Defendant: (a) collected and transported total of 748 tons of livestock excreta in a state that was not converted into resources as shown in the list of offenses; and (b) committed an act of gathering and transporting livestock excreta totaling 748 tons in a state that was not converted into resources from the same city to the public waters without obtaining permission for livestock excreta business; and (c) discharged them without permission.

(b) No person who violates the Act on the Conservation of Water Quality and Aquatic Ecosystems shall abandon specified water-quality harmful substances in public waters without justifiable grounds;

Nevertheless, from November 12, 2017 to November 15, 2017, the Defendant laid approximately 30 tons of wastewater containing about 0.573 pm of Guide, which is a specific water-quality pollutant, at the sea located in the Dong-gu Incheon Metropolitan City, located in the public waters, on about four occasions at the Man-si wharf of Incheon Metropolitan City.

2. Defendant B is a person who operates livestock excreta discharge facilities in the trade name of “G” as described in the foregoing paragraph (1).

A person who operates a facility discharging livestock excreta shall not discharge livestock excreta flowing into a disposal facility without converting it into resources.

Nevertheless, from October 13, 2017 to January 20, 2018, the Defendant discharged to Defendant A a total of 306 tons of livestock that flown from “G” to “treatment facilities, such as the list of offenses, without converting the livestock waste into resources as shown in the list of offenses.

3. Defendant C’s Defendant C discharges livestock excreta in the name of “I” as stated in the foregoing paragraph (1).

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