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(영문) 제주지방법원 2016.11.02 2016고정426
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person operating E farm which is a milch farm in Jeju City. In disposing of and spraying livestock excreta, a facility installer and operator of a waste-generating facility, a disposal facility installer and operator, or a person who spraying manure and liquid manure, a person who installs and operates a disposal facility shall not discharge livestock excreta without discharging livestock excreta into a disposal facility or install a facility capable of discharging livestock excreta without discharging livestock excreta through a disposal facility.

Nevertheless, on November 25, 2015, the Defendant did not flow about 136 tons of livestock excreta generated from the above E farm into livestock excreta disposal facilities, and discharged livestock excreta without permission on land of 2,960 square meters in total area, such as Jeju-si F and G, etc.

Summary of Evidence

1. Part of the defendant's legal statement

1. Each legal statement of the witness H and I;

1. Investigation report (report on confirmation of the state of land discharged without permission), and field photographs;

1. Satellite photographs around land in which livestock excreta is discharged;

1. Investigation reports (measurement of the area of excreta discharged and reporting on measures to restore to its original state);

1. A written accusation of the I, a copy of the I's statement, a report on his business trip, and a photographic register;

1. Investigation report (on-site verification report), on-site photographs;

1. Investigation report (related to permission for the installation of livestock excreta emission facilities);

1. A criminal investigation report (specific report on the quantity of excreta discharged);

1. Investigation report (related to the land register and cadastral map);

1. The determination of the Defendant’s assertion of innocence as to the investigation report (negative) (negative) (negative) on the Defendant’s assertion of innocence as to the discharge of livestock excreta, not livestock excreta, and the discharge of livestock excreta into some discharge facilities. However, according to the aforementioned evidence, the Defendant’s assertion of innocence is not acceptable, since the Defendant intentionally discharges livestock excreta to F and G land at the presentation of livestock excreta.

Application of Statutes

1. Relevant Articles of the Act on the Management and Use of Livestock Excreta and the Selection of Punishment: Act on the Management and Use of Livestock Excreta (hereinafter “Act on Livestock Excreta”).

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