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(영문) 울산지방법원 2014.09.25 2014고정1390
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person working as the representative of C&A located in Ulsan-gun, Ulsan-si, Ulsan-si from around 2011, and C&A is a corporation that produces liquid manure as livestock excreta through resource recovery facilities and distributes it to farmland.

The Defendant neglected to perform work to prevent livestock excreta from flowing into public waters, but neglected to do so, and neglected to do so on November 18, 2013, and found livestock excreta to be discharged into public waters by sprinking livestock excreta generated in liquid manure at the above corporation farm around 06:00 on November 18, 2013, and sprinking livestock excreta generated in liquid manure.

Summary of Evidence

1. Statements partially made by the defendant (the statement that the same fact as the statement in the facts of crime has been leaked);

1. Investigation report (the first field confirmation photograph, etc.);

1. Investigation report ( Results of analysis of livestock excreta leaked into public waters);

1. Application of Acts and subordinate statutes to investigation reports (Analysis of pollution level of public waters);

1. Article 50 of the relevant Act on the Management and Use of Livestock Excreta that is the option of criminal facts and Article 50 of the Act on the Management and Use of Livestock Excreta that is the option of a fine;

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

1. The defendant's assertion that Article 334 (1) of the Criminal Procedure Act provides that the defendant's assertion that the substance leaked to public waters is liquid manure in a completely well-founded state, and thus, it cannot be punished as it discharges to public waters.

However, even if the substance discharged as alleged by the Defendant is entirely well-founded liquid manure, it is a fertilizer component that meets the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, separate from whether it can be used as a fertilizer, and if it is discharged into public waters, it is not properly treated under Article 10 of the above Act, unless the substance so discharged satisfies the standards for effluent water quality stipulated in Article 13 of the Act on the Management and Use of Livestock Excreta and its Enforcement Rule.

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