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(영문) 광주지방법원 순천지원 2018.02.01 2017고단1745

가축분뇨의관리및이용에관한법률위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who installs a disposal facility or a person who operates a disposal facility installed by him/her shall not discharge livestock excreta without flowing it into a disposal facility or install a facility capable of discharging livestock without flowing it into a disposal facility.

Nevertheless, on July 2017, the Defendant did not flow livestock excreta discharged from D, which is a swine breeding facility in the operation of the Defendant, into treatment facilities, at the time of drinking water, and discharged livestock excreta without permission (presumed 2.34 tons in local level 2-class river), which is a public water area.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The route of discharging excreta without permission, and relevant evidentiary and photographs;

1. Test results;

1. Application of comparative photographic Acts and subordinate statutes to the status of the discharge of foul waste without permission and after measures;

1. Article 50 of the Act on the Management and Use of Excreta which is the option of criminal facts and Article 50 of the Act on the Management and Use of Excreta which is the option of punishment, Article 17 (1) 1 of the Act on the Selection of Imprisonment;

1. The Defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, committed a second offense despite having the same record of fine, and the Defendant avoided responsibilities by asserting that it is difficult to obtain the same case, and thus, is also highly likely to recommit a second offense.

In consideration of these circumstances, the punishment as ordered shall be determined.