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(영문) 대구지방법원 의성지원 2017.09.14 2017고정74

가축분뇨의관리및이용에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant shall be a worker in charge of the wastewater treatment of livestock at a C farm located in the Gyeongbuk-gun, Gyeongbuk-gun.

No person who installs a waste-generating facility and the operator of an waste-generating facility shall discharge livestock excreta without discharging it into a treatment facility, discharge livestock excreta without converting it into resources, or discharge livestock excreta flowing into a treatment facility into resources, without discharging it through the final outlet.

Nevertheless, at around 14:00 on April 13, 2017, the Defendant did not flow water of 500 literss mixed with livestock excreta into treatment facilities while cleaning the livestock shed of the above farm, which is a livestock excreta discharge facilities, and discharged water of 50 literss into treatment facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 49 of the Act on the Management and Use of Excreta which is the option of the relevant crime and Article 17 (1) 2 of the Act on the Management and Use of Excreta which is the option of the punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence [the sentence shall be suspended, taking into consideration the following: (a) 1 million won of punishment; (b) 100,000 won of punishment; (c) 100,000 won of detention in a workhouse; (d) the defendant recognized his mistake and reflects the defendant; (e) the amount of foul waste discharged in the course of cleaning livestock pens is not large; and (e) the defendant has no record of being punished for the same kind