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(영문) 청주지방법원 2016.11.16 2015고정781
가축분뇨의관리및이용에관한법률위반
Text

Defendants are not guilty.

Reasons

1. Defendant B Co., Ltd. of the facts charged in the instant case is a corporation established for the purpose of producing agricultural, livestock, and forest products with permission for discharge facilities of livestock excreta in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and Defendant A is an in-house director of the agricultural company B.

Defendant

No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall flow it into public waters by discharging or neglecting it or spraying liquid manure in violation of the standards for spraying liquid manure.

Nevertheless, on May 2015, the Defendant distributed about 10 lusium to the dry field located in Cheongju-si, Cheongju-si, Cheongju-si, which is located in Cheongju-si, about 10 lusium, and thereafter, flow out the manure to the river, which is a public waters, around the surrounding areas, by spraying about 10 lusium to the compost.

B. Defendant B Co., Ltd. committed the above offense in relation to the Defendant’s business at the time and place specified in Paragraph (1).

2. Determination

A. In light of the following, the burden of proving the facts charged charged in a criminal trial and the prosecutor bears the burden of proving the facts charged, and the finding of guilt ought to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, the defendant is doubtfully guilty even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

In addition, Article 49 subparagraph 2 of the Act on the Management and Use of Livestock Excreta provides that a person who has obtained permission for a livestock excreta discharge facility discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure (hereinafter “livestock excreta discharge facility”) shall be punished by “an act of discharging or neglecting manure, etc. or spraying manure without complying with the standards for spraying liquid manure,” and that “an act of discharging into public waters” shall be punished by “an act of spraying manure, manure, etc.”

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