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(영문) 수원지방법원 평택지원 2018.07.20 2018고단31

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 18, 1993, the Defendant is a person who raises pigs 3,700 with permission to discharge excreta from Pyeongtaek-si C and 204 in the trade name of “D”.

No person who has obtained permission to install a waste-generating facility and discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act of discharging or leaving livestock excreta or liquid manure into a public water zone.

Nevertheless, around August 21, 2017, the defendant laid down the livestock excreta generated from 2 occins in the above D in the outer wall cresh, and leaked the livestock excreta generated from 1 occin to the cresh of the wall wall and the pipe cresh that move the livestock excreta generated from occins to the purification facility, and flow livestock excreta into the agricultural waterways and occins of nearby public waters along with rainwater, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of business trips;

1. Results of inspection of pollution level of livestock;

1. Application of each statute on photographs;

1. Subparagraph 2 of Article 49 and Article 10 (1) of the Act on the Management and Use of Excreta in connection with a crime committed;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection: The favorable circumstances, such as the confession, reflectivity, and the fact that there is no record of crime exceeding the fine: The defendant's age, family relation, circumstance of crime, etc.: The sentence of imprisonment with prison labor for 6 months, 2 years of suspended execution, and 2 years of community service order or higher; and