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(영문) 의정부지방법원 2020.08.12 2020고단386
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A waste-generating installer, an operator of a waste-generating facility installed by him/her, a disposal facility installer, a person who operates a disposal facility installed by him/her, or a person who smokes manure or liquid manure shall not discharge livestock excreta flowing into a disposal facility without converting livestock excreta, manure, or liquid manure into resources or without discharging livestock excreta through the final outlet or install a facility capable of discharging livestock excreta halfway in disposing of and spraying livestock excreta, manure, or liquid manure.

On May 10, 2010, the Defendant excavated F land in Macheon-si around October 1, 2019 and discharged livestock excreta by landfill without converting livestock excreta 25 tons discharged from the above E into resources, as a person operating a facility for agricultural partnership (a later change of name) in Macheon-si, etc. established with permission from the mayor of Macheon-si.

Accordingly, the defendant discharged livestock excreta flowing into disposal facilities without converting it into resources.

Summary of Evidence

1. Application of Acts and subordinate statutes to a local business trip report (E) in accordance with a permit for the installation of field photographs and livestock excreta discharge facilities (Dagricultural corporation) in the accusation site of the accused's legal statement G (YOT) in the Pocheon City;

1. Article 49 of the relevant Acts on criminal facts and subparagraph 2 of Article 49 of the Act on the Management and Use of Livestock Excreta Selection of Punishment and Article 17 (1) 2 of the same Act;

1. The reason for sentencing under Article 62(1) of the Social Service Order Act Article 62(1) of the Criminal Act is against the Defendant’s recognition of the instant crime, the fact that the Defendant lawfully treats excreta discharged after the instant case, installed its own disposal facilities to prevent recidivism, and that the consignment company was unable to collect livestock excreta by temporarily ordering the suspension of movement due to the outbreak of swine fever at the time, and thus, caused the instant crime to be favorable to the Defendant.

(b).

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