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(영문) 의정부지방법원 2017.09.29 2017고단2423
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

The Defendant is a farm owner that raises 400 pigss under the trade name of “D” from Scheon-gun C Day.

No person who installs and operates discharging facilities shall discharge livestock excreta flowing into a disposal facility without converting it into resources, or without discharging it through the final outlet, or install a facility capable of discharging livestock halfway halfway.

Nevertheless, on December 26, 2016, the Defendant discharged three tons of livestock excreta generated from the foregoing “D” by spraying the land without converting it into resources.

Summary of Evidence

1. Statement by the defendant in court;

1. A control statement;

1. On-site photographs;

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

1. Article 49 subparagraph 4 of the Act on the Management and Use of Excreta and Article 17 (1) of the same Act concerning facts constituting an offense, the selection of a punishment for imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has repeatedly committed the instant crime even though he/she had the same criminal record and several times, so his/her imprisonment is chosen. The sentence shall be determined in consideration of the fact that he/she has no criminal record of the same kind of criminal record and

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