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(영문) 창원지방법원 밀양지원 2017.06.15 2016고단559
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person who has obtained permission for discharging facilities, such as livestock excreta, and discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure, shall commit an act in which livestock flows into, or is likely to flow into, public waters by leaking, neglecting, or spraying such excreta, manure, or liquid manure.

On December 18, 2008, the Defendant is a person who has taken over pigs at the time of smuggling with a permit to discharge livestock excreta from the smuggling market to raise pigs until now.

1. On June 22, 2016, at around 16:00, the Defendant: (a) performed a mixture of excreta and fire fighting saw while he saw a fire saw, which saw fire saw a fire saw in the instant swine storage room; (b) and (c) went out of the bar as a bruor and flow it into the neighboring public waters.

2. On July 7, 2016, around 12:30, the Defendant: (a) discharged foul waste to a public water zone by doing booming work at the storage place for livestock penss of the said swine; and (b) by doing so in the same manner as described in paragraph (1).

3. Around 13:40 on July 20, 2016, the Defendant: (a) discharged foul waste and introduced it into a public water zone by doing booming work at the storage place of the said swine shed; and (b) by doing so in the same manner as described in paragraph (1).

Summary of Evidence

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 49 subparagraph 2 of the Act on the Management and Use of Excreta and Articles 10 (1) of the same Act concerning facts constituting an offense and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there was a record of being punished several times as fines for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, etc., are the conditions of sentencing.

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