beta
(영문) 대전지방법원 홍성지원 2013.06.14 2013고정181

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around February 9, 1996, the Defendant reported the installation of a livestock wastewater discharge facility to “C farm” located outside Chungcheongnam-gun, Hongsung-gun, and one parcel of land, and caused the breeding of pigs. Around January 30, 2013, the Defendant: (a) did not properly manage the boiler pipes in the above farm; (b) did not properly manage the pipes of the boiler in the above farm; (c) discharged water into the livestock excreta storage; (d) did not properly dispose of and manage livestock excreta stored in the livestock excreta drying fermentation; and (e) did not properly dispose of and manage livestock excreta stored in the livestock excreta drying site; and (e) discharged livestock excreta from the public waters, which flown around the embankment, into the fluoral river, in order to prevent the leakage of livestock excreta.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of collection of samples;

1. Photographs related to on-site verification;

1. Results of livestock excreta test result;

1. Application of Acts and subordinate statutes to investigation reports (written permission, extract relevant Acts, attach river information);

1. Article 50 applicable to facts constituting a crime and subparagraph 5 of Article 50 and Article 10 of the Act on the Management and Use of Livestock Excreta Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the criminal records of the defendant in the sentencing reason of Article 334(1) of the Criminal Procedure Act, the background leading up to the occurrence of the crime of this case, and the examples of fines in other regions in the case of similar cases, etc., the defendant appears to have been against himself/herself while making a confession of the crime of this case, and the completion of repair of boiler pipes, etc. which was the cause of the occurrence of this case, shall be reduced partly by taking into account the factors of sentencing favorable to the defendant, and the sentence against