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(영문) 대전지방법원 홍성지원 2012.11.14 2012고단845

가축분뇨의관리및이용에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed the crime of May 24, 2012 is a person who leased a D livestock shed with permission from the competent authority to install and dispose of livestock excreta discharge facilities and disposal facilities on a parcel outside C and seven parcels in Boan-si.

On May 24, 2012, at around 05:00, the Defendant discharged livestock excreta equivalent to 90 tons stored in livestock excreta treatment facilities in a livestock shed from the Defendant’s intermediate discharge route using a underwater canter around the livestock shed without passing through the final discharge outlet.

2. The Defendant committed the crime of September 3, 2012 is a person who raised pigs on a lease of a stable for which the competent authority obtained permission for the installation of a livestock excreta discharge and disposal facility from three parcels, etc., Hongsung-gun E, and other three parcels.

The Defendant installed pipes at the storage tank of the said livestock shed from August 30, 2012 to September 3, 2012, and caused livestock excreta to flow into public waters through the irrigation channel adjacent to the livestock shed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A report on results;

1. Other relevant photographs;

1. Guidance on and inspection of places of business installing livestock excreta discharge facilities;

1. Livestock shed lease contract; and

1. A permit to install livestock wastewater discharge facilities;

1. A certificate of collection of samples;

1. Copy of a permit to install livestock excreta discharge facilities;

1. Results of river water inspection;

1. Application of lease contract Acts and subordinate statutes;

1. Subparagraph 2 of Article 49, Article 17 (1) 2 of the Act on the Management and Use of Livestock Excreta in relation to facts constituting an offense (the intermediate discharge of livestock excreta without passing through the final outlet for discharge of livestock excreta, the choice of imprisonment), Article 49 subparagraph 2, Article 10 of the same Act; the selection of imprisonment with labor for the volume of livestock excreta discharged into public waters;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravated aggravation of concurrent crimes with the punishment prescribed in the Act on the Management and Use of Livestock Excreta of September 3, 2012), among concurrent crimes;

1. The defendant is on the grounds of suspended sentence under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da4288