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(영문) 제주지방법원 2018.09.12 2018고단753
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The Defendant operated the “C” in Jeju-si, where approximately 380 swine breeding facilities are installed, and obtained permission to install excreta discharging facilities from the number of North Jeju-gun on July 23, 2003.

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 used a sprinkler to the orchard located on the land located on Jeju Island D, E, F, F, G, and H located on the five lots of land prior to H, thereby spraying approximately KRW 1,290 tons of the amount produced in the above C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by a special judicial police officer to I;

1. Each investigation report (investigation into the estimated amount of foul waste generated and verification of removal of C foul waste pipelines);

1. The application of three Acts and subordinate statutes to one aerial photography, three on-site photographs, five on-site photographs, eight on-site photographs, one aerial photography, six copies of the route in which excreta is illegally discharged, six on-site photographs, and three on-site photographs;

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 stay of execution (the fact that it is against the law, the fact that it is used as fertilizer in citrus farm in which the defendant cultivates, in violation of the provisions, a large amount of expenses that has been scattered, or as a result, in violation of the provisions);

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

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