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(영문) 창원지방법원 거창지원 2016.09.28 2016고정76
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person who raises pigs with permission to install facilities for discharging foul waste in the name of Cro from the number of Mad, 2012, on August 20, 2012, the defendant is a person who raises pigs from B and nine parcels outside of Gyeongnam-gun.

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 March 10, 2016, the Defendant sold a large amount of 0.5 tons of livestock excreta generated in a livestock shed from the Defendant’s livestock excreta discharge plant, which was discharged into a storage plant, to the agricultural field near the Defendant’s livestock shed without converting livestock excreta into resources or without going through the final discharge outlet.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 49 of the Act on the Management and Use of Excreta which is the option of a punishment, and Article 49 of the Act on the Management and Use of Excreta which is the option of a punishment, and Article 17 (1) 2 of the Act on the Selection of Fines;

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

1. The fact that there are two times the records of punishment for a similar crime committed against the defendant in the sentencing of Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant's closure of livestock breeding business on June 9, 2016, etc. seems to have no risk of recidivism, etc. is favorable to the defendant.

In each of the above circumstances, the sentence identical to the disposition shall be imposed by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, including the Defendant’s age, sex, occupation and environment, and the background of the instant crime.

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