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(영문) 광주지방법원 순천지원 2018.06.12 2018고단209
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 18, 200, the Defendant was granted permission for the installation of excreta discharging facilities from Bosung-gun on the trade name "D" on three parcels, such as Jeonsung-gun C, etc.

No person who collects, transports, or spreads livestock excreta or manure shall discharge livestock excreta flowing into a treatment facility in a state of not converting it into resources or without discharging it through the final outlet, or install a facility capable of discharging livestock excreta into a treatment facility.

Nevertheless, at around 09:00 on December 20, 2017, the Defendant, on the ground that he was ice in a temporary excreta storage tank in the above breeding house to move livestock excreta from the storage tank to the storage tank, separated an intermediate ice connecting part from the middle ice connecting part and discharged livestock excreta at his own discretion on the land of Bosung-gun E without going through the final discharge outlet (to the extent that the part deemed as an obvious clerical error does not interfere with the Defendant’s right to defense). The summary of evidence is to the extent that it does not hinder the Defendant’s right to defense).

1. Statement by the defendant in court;

1. A written statement;

1. A permit to install facilities discharging livestock excreta;

1. Application of each statute on photographs;

1. Relevant Article 49 of the Act on the Management and Use of Excreta which is the option of the crime, and Articles 49 subparagraph 2 and 17 (1) 2 of the Act on the Management and Use of Excreta which is the option of the punishment, and the choice of imprisonment ( Consideration of the same kind of power, etc.);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the background of the crime, the age of the defendant, and the fact that the defendant reflects the wrongness);

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