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(영문) 광주지방법원 2019.01.17 2018고정970
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B As an engineer, a person who has been entrusted with spraying of manure from the defendant, and the defendant shall pay the price to him/her, and a person who has requested the above work to B. A person who spreads livestock excreta or manure shall not commit an act that discharges or is likely to flow to public waters by discharging or neglecting it.

At around 15:00 on April 20, 2018, the Defendant, an employee of the Defendant, distributed approximately 5 tons of composts and composts, which were kept in the vicinity of the electric field, using a soft machine, and finally flow them out through a nearby farm waterway of public waters, thereby committing a violation of the Defendant’s duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of the witness D, and some of the witness B's legal statements;

1. Each police interrogation protocol concerning the accused and B;

1. Statement made to D by the police;

1. Application of evidence photographs (place of composting, camping, and spraying), satellite photographs at a place of leaving and camping, and land cadastre-related Acts and subordinate statutes;

1. Article 52, subparagraph 5 of Article 51, and Article 10 (1) of the Act on the Management and Use of Livestock Excreta for facts constituting a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant’s assertion that the payment of litigation costs did not flow into a nearby agricultural waterway, which is a public waters, is based on Article 186(1) of the Criminal Procedure Act. The Defendant’s statement to the effect that D, who was a public official at the time of control, was introduced into the above B’s statement (which was conducted to prevent inflow). It is difficult to believe that it was contrary to 69 pages of the evidence record.

(2) An individual “employee” under Article 52 of the Act on the Management and Use of Livestock Excreta shall be an individual as well as an individual who has entered into an employment contract with the individual and who is directly or indirectly engaged in the individual’s business.

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