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(영문) 창원지방법원 거창지원 2015.09.23 2015고단122
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

A person who intends to install a waste-generating facility in excess of the scale prescribed by Presidential Decree shall obtain permission from the head of a Si/Gun/Gu after preparing a plan for the installation of a waste-generating facility, as prescribed by Presidential Decree, and a person who discharges livestock excreta shall not discharge or prevent livestock excreta from

Nevertheless, from July 2013 to April 3, 2015, the Defendant, without obtaining permission from the head of Spanch Gun, operated a 1,312 square meters of the size of 1,312 square meters of waste-generating facilities, and raised pigs 1,000 tons of pigs. A approximately 2.6 tons of pigs and excreta generated from the said money company were removed from only foreign substances, such as hairs, installed in a money company without appropriate treatment, using the separation machine installed in the lower court, and flow them into public waters through the discharge pipe connected to the sewage culvert in the site.

Summary of Evidence

1. Defendant's legal statement;

1. A letter of business trip;

1. Each investigation report (the results of analysis of the quality of livestock excreta discharged from sewage conduits, calculation of the quantity of swine and excreta discharged, etc.);

1. Application of Acts and subordinate statutes to the photographer register;

1. Article 49 subparagraph 1 of the relevant Act and Articles 11 (1), 48 subparagraph 1, 11 (1), 11 (1), and 10 (1), and 10 (1) of the Act on the Management and Use of Livestock Excreta through which livestock excreta have been raised through an unauthorized discharge facility (the fact that livestock excreta has been discharged into public waters by a person who installed an unauthorized discharge facility, and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments for the crimes of violation of the Act on the Management and Use of Livestock Excreta concerning the admission of heavy livestock excreta into public waters];

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Livestock excreta without permission by the defendant for sentencing under Article 62-2 of the Criminal Act for a long time;

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