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(영문) 광주지방법원 장흥지원 2019.07.11 2018고정31
가축분뇨의관리및이용에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

B and A shall not pay the above fine if they do not pay the fine.

Reasons

Punishment of the crime

A person who smokes manure or liquid manure shall not spread liquid manure produced in a resource recovery plant into liquid manure in the course of spraying manure or liquid manure in any place other than where the installer of the relevant resource recovery plant secures liquid manure or comply with the spraying standards prescribed by Ordinance of the Ministry of Environment.

1. Defendant B and Defendant A’s joint criminal conduct are those who transport and spread liquid manure in a C&A corporation, which is a business establishment that has obtained permission to conduct livestock excreta-related business, and Defendant A is those who cultivate tobacco in a tobacco plantation located in Gangnam-gun, Gangnam-gun.

Defendant

A requested Defendant B to spread liquid manure on February 26, 2018, and Defendant B accepted the request, and Defendant B distributed the liquid manure at the same euled area located in Gangnam-gun, Gangnam-gun, Gangwon-do, instead of the liquid manure spraying site secured by a person who installed the above resource recovery plant using a vehicle with 60 tons of liquid manure produced in (oil) resource recovery plant.

Accordingly, the Defendants conspired to spread liquid manure in a place other than the liquid manure spraying area secured by the installer of the relevant resource recovery plant.

2. The Defendant CF corporation committed the Defendant’s act of violation as stated in paragraph (1) in relation to the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Each legal statement of the defendant B and A;

1. Protocol of examination of the witness B;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant B and A: Article 50 Subparag. 11 and Article 17(1)5 of the Act on the Management and Use of Livestock Excreta; the selection of fines

(b) A corporation incorporated by Defendant C: Articles 52, 50 subparag. 11, and 17(1)5 of the Act on the Management and Use of Livestock Excreta; the selection of fines

1. Defendant B and A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant C Partnership Corporation (hereinafter “Defendant Corporation”) and their defense counsel are offenders to determine the assertion of Defendant C Partnership Corporation under Article 334(1) of the Criminal Procedure Act.

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