가축분뇨의관리및이용에관한법률위반
A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
【Criminal Facts】
On January 3, 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Management and Use of Livestock Excreta in the Jeonju District Court’s Support, etc., and was sentenced to a suspended sentence of two years on April 30, 2013, and was sentenced to three times more criminal records in addition to the final judgment.
【Criminal Facts】
The Defendant is a person who operates a swine breeding facility of a size of 1,968 square meters, which is a livestock excreta discharge facility, in Jung-Eup City.
In order to dispose of livestock excreta discharged from the above swine breeding facilities, the Defendant actually engaged in the business of operating and managing livestock excreta recycling facilities in regular Eup/Myeon. A person who raises livestock or a person who collects, transports, or disposes of livestock excreta shall not ensure that livestock excreta, which is not properly disposed of, flows into public waters. As such, a person who manages livestock excreta recycling facilities, has a duty of care to maintain and repair facilities so that livestock excreta does not leak in advance.
Nevertheless, the Defendant neglected to do so and did not take appropriate measures to prevent ruptures on the wall of the above recycling facility, but did not take such measures on October 16, 2012, thereby flowing livestock excreta, which was not disposed of in the above recycling facility, into the water surface or into the water surface around public waters.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Statement made by the prosecution with respect to F;
1. Reports on the results of each business trip (including field photographs);
1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (written judgment and three copies of summary order);
1. Article 50 subparagraph 5 of the Act on the Management and Use of Livestock Excreta and Article 10 of the Act on the Management and Use of Livestock Excreta concerning facts constituting an offense, there are circumstances that may be taken into account the circumstances leading to the instant crime, and the equality in cases where a judgment has been received simultaneously with a final judgment.