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(영문) 의정부지방법원 2020.11.05 2020고정937

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Where the installer or operator of a discharging facility or the installer of a discharging facility installs the discharging facility at a place where the installation of the discharging facility is prohibited, the head of a Si/Gun/Gu may order him/her to suspend use for not more than six months, and the

From around 2008, the Defendant continued to operate the livestock-generating facility without complying with an order to suspend the use of livestock excreta facilities from January 1, 2020 to December 9, 2019, when he operated the livestock-generating facility B and installed and operated livestock excreta discharge facilities.

Summary of Evidence

1. Defendant's legal statement;

1. On-site confirmation photographs;

1. Notice of suspension of use and order of administrative disposition;

1. Application of Acts and subordinate statutes of the Regulations on Transition of Delegation (attached Table 3) to South Korea;

1. Article 49 of the relevant Act on the Management and Use of Livestock Excreta which is the option of criminal facts and Articles 49 subparagraph 6 and 18 (1) of the Act on the Selection of Fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) the Defendant recognized the facts charged in the instant case; and (b) the Defendant is a disabled person suffering from severe delay in traffic; and (c) the Defendant has no other criminal record except for the Defendant who was sentenced to a fine of KRW 700,000 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around 2018.

However, in light of the circumstances and contents of the crime of this case, considering the fact that the Defendant continued to operate the discharge facility without complying with the order of suspension of the use of livestock excreta emission facilities despite the Defendant’s receipt of the order of suspension of the use of livestock excreta emission facilities, it is deemed that the Defendant’s punishment on the summary order was not excessive.

The age, occupation, character and conduct, environment, family relationship, of the defendant.