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(영문) 제주지방법원 2017.05.25 2016노736
가축분뇨의관리및이용에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant only has roots manure, not livestock excreta, and does not have intentionally discharged livestock excreta.

Therefore, the lower judgment that convicted the Defendant of the facts charged of the instant case is erroneous and erroneous.

2. Determination

A. In the lower court’s determination, the Defendant asserted to the same effect as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the following grounds: (a) the title “judgment on the non-crime allegation” (negative).

The defendant asserts that "the defendant dusts not livestock but excreta, and that livestock excreta flows into part of his discharge facilities. However, according to the evidence duly admitted and investigated by the court below, the defendant's assertion of innocence is not acceptable since he intentionally discharges livestock excreta into F and G land.

“”

B. Facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., witness H and I of the lower court, which are ① the fact that they were stored in the field at the time was not the retirement cost in the lower court’s court.

In full view of the following facts: (a) the Defendant made a statement to the purport that he is “the Defendant’s testimony”; (b) the photograph (Evidence No. 1, 18, 21 pages) taken on the spot at the time appears to have been stored not as compost but as powder can be stored; and (c) the Defendant’s Defendant’s judgment convicting the Defendant of the facts charged of the instant case is just and acceptable, and there is no error of misconception of the facts alleged by the Defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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