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(영문) 대전지방법원 홍성지원 2018.01.18 2017고정310
가축분뇨의관리및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure into the public waters of livestock excreta, shall cause livestock excreta, manure, or liquid manure to flow into the public waters by negligence in the course of performing his/her duties;

Nevertheless, around June 9, 2017, the Defendant did not properly check the amount of non-storage tank (600 tons) which is a livestock waste-generating facility operated by the Defendant in the Chungcheongnam-nam Budget Group B, and caused livestock excreta to flow out at least five ton due to the difference in internal walls damaged by the aforesaid storage tank due to negligence while treating livestock excreta.

2. A person who installs an intermediate discharge facility of livestock, a person who operates a disposal facility installed by him/her, a person who operates a disposal facility installed by him/her, or a person who smokes manure or liquid manure shall not discharge livestock flowing into a disposal facility without converting livestock excreta, manure, or liquid manure into resources or without discharging them through the final outlet (hereinafter referred to as "interim discharge"), or install a facility for discharging livestock excreta without discharging it through the final outlet in disposing of or spraying livestock excreta, manure, or liquid manure;

Nevertheless, on June 15, 2017, at the same place as that described in paragraph 1, the Defendant sold a pool (50m X0.5m X0.6m) in front of the above amount of non-storage tank, and discharged livestock excreta in an intermediate amounting to 15 tons.

Summary of Evidence

1. Statement by the defendant in court;

1. Written opinion;

1. A written report on the offender;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on the Management and Use of Excreta and Articles 50 subparag. 6, 10 subparag. 1 (the point of entry into public waters of excreta due to occupational negligence), 49 subparag. 2, 17 subparag. 1, 50 subparag. 6, and 10(1) of the Act on the Management and Use of Excreta for the facts constituting an offense, and Articles 50 subparag. 6, 10 subparag. 2, 49 and 17 subparag. 6, and 10(1) of the same Act, each

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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