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(영문) 창원지방법원 2014.08.27 2014노834
가축분뇨의관리및이용에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The liquid excreta generated from a misunderstanding of facts shall be transferred to a manufacturing of liquid manure for a considerable period of time after transfer to a storage of liquid manure, and shall result in the state of conversion into resources after being kept until it reaches the disposal of liquid manure;

However, the defendant discharged liquid excreta in the underground storage tank, which is all stages of moving into hobaneization, and in light of this, the defendant can fully recognize the fact that he discharges excreta in a state that is not converted into resources.

Nevertheless, there is no evidence to acknowledge that the defendant discharges excreta in an unreuted state.

B. The judgment of the court below that acquitted the port is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is unreasonable on the ground that it is excessively unhutiled.

2. Determination

A. 1) The summary of the facts charged is a person operating “C”, which is a livestock excreta discharge facility and disposal facility permitted by Gohap-gun, and the person who obtained permission for a livestock excreta disposal business does not discharge livestock excreta flowing into a disposal facility without converting it into resources or discharging livestock excreta halfway without discharging it through the final outlet, the Defendant: (a) around 10:00 on July 1, 2013; and (b) at around 13:00 on the same day, the Defendant does not convert livestock excreta into resources in a state of 5 tons of swine excreta in a state of not converting it into resources within the underground storage tank of the livestock excreta disposal facility located in the said “C”, which is located in Gohap-gun-gun, Gohap-gun, Gohap-gun, the livestock excreta disposal facility, and 5 tons of livestock excreta in a state of 200 tons in possession of the said G land, and without converting it into farmland in a state of underground storage in a state of 3:00 on the same day.

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