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광주지방법원 순천지원 2017.11.03 2017고단1700

가축분뇨의관리및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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, from around 2014, is a person who installed livestock excreta discharge facilities and raised approximately 500 pigss in pigs with permission from the Highest Posing Group in swine B.

No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act in which excreta, manure, or liquid manure flows into, or is likely to flow into, public waters by leaking or neglecting it.

Nevertheless, on May 27, 2017, the Defendant: (a) had the foul waste generated from his livestock shed in mind as a compost; and (b) had the foul waste stored in a compost shed by mixing it with sking and without any device to prevent any discharge; (c) had the foul waste flown out of the livestock shed on May 27, 2017; and (d) had the foul waste flow out of the livestock shed with its weight flown out of the livestock shed; and (e) had the foul waste flow into the adjacent drainage and rice channel by using the aforementioned method around June 18, 2017.

Accordingly, the defendant flown livestock excreta of about one ton in public waters by discharging and neglecting livestock excreta.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

1. Article 49 of the Act on the Management and Use of Excreta and Articles 49 (2) and 10 (1) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and selection of imprisonment;

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. The sentencing of Article 62(1) of the Criminal Act provides that there are many criminal records of a criminal defendant with the same type of fine for the reason of sentencing under Article 62(1) of the suspended sentence, on the other hand, the defendant's age, sex, criminal conduct, family relationship, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case including the defendant's age, sex, family relation, circumstances after the crime, etc. shall be determined as ordered by