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(영문) 제주지방법원 2018.10.24 2018고단778
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 1995, the Defendant operated the “D farm” in Jeju-si, where approximately 500 pigs breeding facilities are installed, and obtained permission for the installation of excreta discharging facilities from the number of North Jeju-gun on June 15, 1995.

A person who installs a waste-generating facility, 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 spread the amount produced in a resource recovery plant to make liquid manure in any place other than the area secured by the installer of a resource recovery plant in disposing of and spraying livestock excreta, manure, or liquid manure.

Nevertheless, from January 2015 to December 2017, the Defendant spreaded approximately KRW 2,239 tons of the amount produced from the above D farm using e, F, G, H, and I land in Jeju, which is a place other than a place for spraying liquid manure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each special judicial police officer to J;

1. On-site inspection reports;

1. Investigation report (report on difference in the quantity of livestock excreta discharged and collected);

1. Application of both heads, satellite photographs, and on-site photographs statutes;

1. Subparagraph 2 of Article 49 and Article 17 (1) 5 of the Act on the Management and Use of Excreta in connection with a crime committed;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the following shall be taken into account: (a) Article 62 (1) of the Criminal Act (the suspension of execution is against the law; (b) the large amount of expenses distributed, in violation of the provisions, is bad; (c) the offense is a primary offender who has no criminal power; and (d) the amount used as a fertilizer,

1. The community service order under Article 62-2 of the Criminal Act;

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