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(영문) 대전지방법원홍성지원 2020.12.15 2020고단814

가축분뇨의관리및이용에관한법률위반

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The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant leased a D farm located in Chungcheongnam-gun, Hongsung-gun, and seven parcels of land, and is a person who raises pigs of 3,000 and operates the said discharge facility therein.

The Defendant’s vegetables before collecting and disposing of the aforementioned D farm spawns.

(U)An animal urine has been kept in custody. A swine

If the water level of the swine is at least 1m high, there is a risk of collapseing on the pigs if the swine is likely to collapse, and thus, it is possible to swine the pigs by timely collecting and treating the pigs.

There is a duty of care to take necessary measures so that they can not flow out of the repository by mixing with urine excreted and urine excreted inside the compost.

Nevertheless, the Defendant: (a) on July 1, 2020, boomed Swins and pigss;

Pathos required by negligence without properly disposing of the removal and neglecting it as it is;

As the level of water is higher than 1m, a spathum spath, spath, and saws spathy spathy spath and spathy spathy spathy spath, and spath

A person who was kept in his/her custody was mixed with a part in his/her custody and leaked out of the facility.

Nevertheless, the Defendant neglected this and neglected to discharge livestock excreta out of the compost company, and the livestock excreta of approximately KRW 1.5 tons, which was discharged into the Habcheon, which is a public waters, depending on neighboring farming waterways.

Accordingly, the defendant discharged livestock excreta as a business related to livestock excreta by negligence in the course of business and discharges livestock excreta to public waters.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing field photographs of the defendant's statutory statement E;

1. Article 50 subparagraph 6 of the Act on the Management and Use of Livestock Excreta which is the option of criminal facts and Articles 50 and 10 (1) of the Act on the Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. The defendant's negligence on the discharge of livestock excreta with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not weak, and the defendant made efforts to prevent the spread of damage after leakage.