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(영문) 수원지방법원 2015.07.23 2015고정1473

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is raising pigs upon entrustment at a virtual farming cooperative, which is called “B”. A person who causes livestock shall not ensure that livestock excreta not properly disposed of flows into public waters.

Nevertheless, the defendant from January 24, 2015 to January 19:00

1. From around 09:45, the livestock shed was installed with a 728.00 square meter (240 square meter) size and about 30 square meters of waste disposal facilities of cattle shed C and “B” operated by the Defendant, and the excreta disposal facilities of about 70 square meters were installed in the storage place and discharged without permission on the river.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to certificates of livestock breeding business registration, and permits of installing livestock excreta facilities;

1. Article 49 subparagraph 2 of the relevant Act on the Management and Use of Livestock Excreta which is the option of crime and Article 11 (1) or Article 10 (1) of the Act on the Management and Use of Livestock Excreta which is the option of a fine;

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

1. The crime of this case, which did not dispose of livestock excreta on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and polluted by the river near the public waters, shall be deemed to have a heavy nature of the crime of infringing the environment.

However, the defendant recognized his mistake and reflects in depth, the fact that there is no record of punishment for the same kind of crime, the fact that livestock excreta could not be disposed of in a timely manner due to the restriction on movement caused by the outbreak of a remedy for the same crime, and the fact that it appears that the crime was caused by the failure to dispose of livestock excreta in a timely manner. In addition, in consideration of various circumstances, such as the defendant's age, character, environment, family relationship, economic situation, part of