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(영문) 광주지방법원 2019.10.29 2019노1022
가축분뇨의관리및이용에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The facts of the instant crime by mistake of facts and misapprehension of legal principles are as follows: (a) the Defendant, who is a livestock excreta recycling reporter, did not issue a prescription for the city of the Yong-gun Agricultural Technology Center, and distributed liquid manure to Yong-Namnam National Agricultural Technology Center D (hereinafter “instant farmland”); (b) the person who reported the recycling of livestock excreta, is an agricultural company C limited company (hereinafter “limited company C”) and is the representative thereof; and (c) the Defendant is not the subject of the instant crime.

In addition, a person who actually spreads liquid manure in the farmland of this case is not the defendant, but G, a worker of limited liability company C.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. Article 50 subparag. 11 and Article 17(1)5 of the Act on the Management and Use of Livestock Excreta (hereinafter “Act on the Management and Use of Livestock Excreta”), which is subject to the penal provisions of Article 50 subparag. 11 and Article 17(1)5 of the same Act, are clear by the relevant provision itself. However, Article 52 of the same Act provides that if a representative of a corporation, or an agent, employee, or other worker of a corporation or an individual commits an offense falling under any of Articles 48 through 51 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provision. The purport of the above provision is that if a person is not a recycling reporter but actually executes the relevant business in order to ensure the effectiveness of the above penal provisions, so that such person can be punished by the said penal provisions, at the same time, if such person commits an offense in connection with the pertinent business.

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