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(영문) 대전지방법원 홍성지원 2014.03.28 2014고단47

가축분뇨의관리및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates livestock pens in Chungcheongnam-gun, Hongsung-gun, and the person who treats livestock discharges livestock excreta that has not been properly treated into public waters, despite the fact that the Defendant was not allowed to discharge livestock excreta into public waters. On December 21, 2013, around 07:35, the Defendant stored livestock excreta in a compost shed, left livestock excreta into public waters without sufficiently using saw, saw, etc., and left livestock excreta into public waters without properly using saw, etc., and discharged livestock excreta stored in the sand shed due to occupational negligence that did not properly repair, etc. of the buildings that were worn-out.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site verification report;

1. Permission to install facilities discharging livestock wastewater;

1. Application of statutes on site photographs;

1. Article 50 of the relevant Acts on criminal facts and subparagraph 5 of Article 50 of the Act on the Management and Use of Livestock Excreta Selection of Punishment and Articles 10 of the same Act;

1. The Defendant again committed the instant crime under Article 62(1) of the Criminal Act, even though the Defendant had been sentenced to each fine in 2009 and 2013 as the same crime, which constitutes the same kind of crime. Furthermore, the instant crime is a crime that pollutes the environment and causes damage to an unspecified number of unspecified persons. In fact, the Defendant should be punished strictly. However, in the instant crime, the Defendant did not intentionally go through public waters, but rather went through the same part of the building where livestock excreta was discharged or flows into public waters due to the negligence of management, such as neglecting facilities where livestock excreta was deteriorated. The Defendant is punished by a fine.