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(영문) 대구지방법원 안동지원 2018.10.30 2018고단208
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight 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 operates a swine shed, which is a facility for discharging livestock excreta, in ten parcels, including permanent residence C, and obtains permission to install discharging facilities.

1. Highest 2018 208

(a) No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure into the public waters of livestock excreta, shall commit an act of flowing or threatening to flow into the public waters under subparagraph 9 of Article 2 of the Water Environment Conservation Act by leaking or neglecting it, or by spraying it in violation of any of the standards for spraying liquid manure under any statute;

Nevertheless, on March 30, 2018, the Defendant spreaded livestock excreta equivalent to approximately 21 ton in D dry field, a permanent residence, using pumps, and discharged approximately 2 ton of livestock excreta into a river, which is a public water zone below, through ditches connected to the dry field.

(b) A person who installs an emission facility of livestock excreta in the state of non-resourceing, a person who operates an emission facility installed by him/her, 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 treatment facility in a state of not converting livestock excreta into resources or without discharging livestock excreta through the final outlet in disposing of and spraying manure or liquid manure, or install a facility capable of discharging livestock excreta into an intermediate outlet;

Nevertheless, the Defendant discharged livestock excreta without converting it into manure, liquid rain, etc. at the time and place described in paragraph 1, as described in paragraph 1.

2. Highest 2018 521

A. On June 27, 2018, the Defendant committed the crime on June 27, 2018, even though he/she had a duty of care to verify whether the quantity of foul waste loaded in the said swine shed does not leak out to the outside through the exchange instrument installed in the said swine shed, due to occupational negligence, the said foul waste dies through the exchange instrument.

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