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(영문) 대전지방법원 논산지원 2017.05.19 2017고정44
가축분뇨의관리및이용에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 3,000,000, and by a fine of KRW 2,000,000,000, respectively.

Defendant .

Reasons

Punishment of the crime

Defendant

B An agricultural partnership is a corporation established in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-nam, for the purpose of recycling livestock excreta, such as manufacture, sale, and spraying of liquid manure, and Defendant A is an employee of the said agricultural partnership from March 1, 2015 to March 1, 2015.

1. A person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure from Defendant A or a person who discharges, transports, disposes of, or evades liquid manure in compliance with standards for spraying liquid manure, shall not commit an act that flows into, or is likely to bring into, a public water area; and when disposing of livestock excreta, manure, or liquid manure, he/she shall not spread livestock excreta, manure, or liquid manure to a place other than the area where the liquid manure is

Nevertheless, on August 4, 2016, the Defendant, at the plastic farm operated in Chungcheongnam-gun, which is not a place for spraying liquid manure, made a part of the liquid manure flow into red, a public water area near the place, by spraying about 12 tons of liquid manure to the said plastic farm using 2504 tons of freight vehicles, and by spraying about 12 tons of liquid manure to the said plastic farm.

2. Defendant B, an employee of the Defendant, distributed liquid manure to Hongcheon, a public water area near the relevant liquid manure, by spraying liquid manure in a place other than that where liquid manure is spraying, at the time and place specified in paragraph (1) by the Defendant’s employee, on the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to F and E;

1. A statement of accusation by the number of assigned military units;

1. A certified copy of corporate registry;

1. On-site photographs;

1. A report on investigation (a list of rivers attached);

1. An investigation report (attaching a list of liquid manure);

1. Investigation report (G telephone conversations);

1. Application of Acts and subordinate statutes to investigation reports;

1. Defendant A: Article 50 subparag. 11 and Article 10 subparag. 1 (1) of the Act on the Management and Use of Livestock Excreta (in the case of inflow of liquid manure into public waters) and Article 50 of the Act on the Management and Use of Livestock Excreta.

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