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(영문) 대구지방법원 의성지원 2019.09.19 2019고단121
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

No person who has obtained permission for discharge facilities shall flow livestock excreta, manure, or liquid manure into public waters by negligence in the course of performing his/her duties.

From January 8, 2019 to January 8, 2019, the Defendant, in the “C” farm operated by the Defendant in the Gyeongbuk-gun B, the Defendant, from an unidentified day, had a large amount of livestock excreta, which could not be known due to occupational negligence, flow into a river, which is an adjacent public waters, to prevent livestock excreta discharged through the discharge outlet of excreta from being discharged into an excellent farm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements prepared in D;

1. Application of four Acts and subordinate statutes to four business trips, photographs, land lots, installation permission, building ledger, current status of stable facilities, business registration certificate, and field inspection photographs;

1. Article 50 subparagraph 6 of the Act on the Management and Use of Livestock Excreta which is the option of criminal facts and Articles 50 and 10 (1) of the Act on the Selection of Fines for Criminal Facts;

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

The defendant was sentenced to a fine twice as the same force, and in particular, during the period of the suspension of execution, the defendant was sentenced to two years of the suspension of execution for six months of imprisonment due to occupational injury, etc. in the sex support of the Daegu District Court on December 21, 2017, and the judgment on December 29, 2017 becomes final and conclusive and conclusive.

It neglected the management of foul waste to commit the instant crime.

The favorable circumstances: The defendant recognized his mistake and divided, and according to the photographs taken of the excellent route and ditches in the judgment, the quantity of livestock excreta taken out seems to be insignificant, and the measures to prevent recurrence were taken to prevent the recurrence of livestock excreta by preventing the discharge of money.

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