가축분뇨의관리및이용에관한법률위반
A defendant shall be punished by imprisonment for six 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.
Punishment of the crime
The Defendant operates livestock pens, which is a livestock excreta discharge facility, with the trade name of “D” in the Si of Gongju.
A person who operates a facility discharging foul waste shall not discharge livestock excreta without flowing it into a treatment facility or install a facility capable of discharging livestock excreta without flowing it into a treatment facility.
Nevertheless, around November 16, 2015, the Defendant discharged approximately KRW 2.6 cubic meters of livestock excreta stored in the storage of foul waste ( approximately KRW 2.65 metric tons) into a dry field near the livestock shed, using an underwater breater installed in the storage tank, around November 16, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Requests for the analysis of samples of livestock, results of business trips based on complaints against D malodor, reporting on plans for administrative dispositions (information, confirmation of violation, confirmation of collection of samples, sites related to leakage), notification of administrative dispositions due to environmental violations, and application of Acts and subordinate statutes as a result of the inspection of foul waste;
1. Articles 49 subparagraph 2 and 17 (1) 1 of the Act on the Management and Use of Excreta which is applicable to the facts constituting an offense, and Articles 49 subparagraph 2 and 17 (1) 1 of the same Act, and selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account circumstances favorable to the defendant during the period of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant, even though two times of previous convictions, needs to choose to imprisonment by committing the instant crime.
However, considering the fact that the defendant is led to confession, is in depth and is considered to take appropriate measures to prevent recurrence.
In this context, considering various circumstances such as the defendant's age, sex, and circumstances after the crime, the punishment is determined as per the order.