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(영문) 대전지방법원 천안지원 2018.06.21 2018고단792

가축분뇨의관리및이용에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 7 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A had no permission for the installation of excreta discharge facilities on the instant E farm, with the father of B, who is the actual operator of the livestock shed No. 1 of the E farm in ASEAN-si, A, and with the 1 livestock shed-dong, who works on the said farm. Defendant A had no permission for the installation of excreta discharge facilities.

No person who discharges livestock excreta shall flow it into public waters by discharging it.

On October 3, 2017, the Defendant cleaned the livestock shed of the above farm on October 3, 2017, and brought about approximately three tons of livestock excreta into a small river which is a neighboring public water zone through pipes using a mother pumps located therein.

2. Defendant B, as indicated in paragraph 1, was the actual operator of the E farm, and the Defendant’s father’s father’s interest, discharged livestock excreta into a small river, which is a neighboring public waters, as described in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Accusation of a violator of the Environmental Control Act, a statement on the details of detection, a report on the results of a business trip of a traffic control official, and a

1. On-site photographs and photographs submitted to civil petitioners;

1. Notification of on-site verification data of enforcement officers;

1. A report on the results of business trips;

1. Application of the Act and subordinate statutes on site photographs, such as the course of outflow, and the leakage of foul waste;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 48 Subparag. 1, Article 11(1), and Article 10(1) of the Act on the Management and Use of Excreta; the selection of fines

B. Defendant B: Articles 52, 48 subparag. 1, 11(1), and 10(1) of the Act on the Management and Use of Excreta, and selection of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The instant crime on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is committed by causing water pollution, threatening people's health and damaging the natural environment; and the Defendants voluntarily discharging livestock excreta of up to three tons into public waters and water quality.