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(영문) 수원지방법원 평택지원 2018.10.26 2018고단1106
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a swine farm under the trade name of "D" in Ansan-si.

A person who installs a facility for discharging livestock excreta, an operator of a waste-generating facility installed by him/her, a person who smokes manure or liquid manure, etc. shall not spread any amount produced in a resource recovery plant to any place other than the area for spraying liquid manure secured by a person who installs the relevant resource recovery plant in disposing of and spraying livestock excreta, manure, or liquid manure.

Nevertheless, on April 20, 2018, the Defendant spreaded 50 tons of the amount produced in D “D” to E land when it is not a land for spraying liquid manure secured in D.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the currency of a public official in charge);

1. A report on the results of business trips;

1. Notice of results of analysis;

1. Application of each statute on photographs;

1. Subparagraph 2 of Article 49 and Article 17 (1) 5 of the Act on the Management and Use of Excreta in connection with a crime committed;

1. Selection of an alternative fine for punishment;

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

1. Sentencing factors for sentencing under Article 334(1) of the Criminal Procedure Act: The fact that there was a history of being sentenced to three times a fine due to confession, reflectivity, and the same kind of crime; the fact that after the crime of this case, the defendant did not violate the laws and regulations related to the operation of the livestock industry while taking such measures as reporting on the change by the title holder who has obtained permission for the discharge facilities of excreta and concluding a contract of divided transportation after the crime of this case; the defendant's age, family relation, background of the crime, result of the crime, etc.; the sentence is sentenced to a fine of not less than five million won.

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