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(영문) 의정부지방법원 고양지원 2017.03.24 2017고단145
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant is a person who raises pigs, dogs, or chickens in the trade name of “D farm” in Pakistan.

1. A person who intends to install a swine breeding facility the area of which is not less than 50 square meters but less than 1,000 square meters, a dog breeding facility the area of which is not less than 60 square meters, or a chickens breeding facility the area of which is not less than 200 square meters but less than 3,000 square meters, shall file a report on the installation of an excreta discharging

Nevertheless, from September 23, 2015 to November 2, 2016, the Defendant installed 480 square meters (240 square meters, 240 square meters, 240 square meters) of a swine breeding facility, 150 square meters of a dog breeding facility, 380 square meters of a chickens breeding facility (180 square meters, 200 square meters), and raised pigs 300 mar, 50 mar, 1,000 mar, and 1,000 mar in a swine breeding facility.

2. No person who discharges livestock into public waters, such as livestock excreta, shall discharge or leave such livestock into public waters and thus discharges or are likely to flow such livestock into public waters;

Nevertheless, the Defendant did not report the installation of excreta discharge facilities as prescribed in the above paragraph (1) and discharged livestock excreta without permission from September 23, 2015 to November 2, 2016, thereby allowing the Defendant to flow livestock excreta into Macheon, a public water area.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written accusation;

1. Application of statutes on site photographs;

1. Articles 50 subparagraph 4 of the Act on the Management and Use of Livestock Excreta in question and Articles 11 (3) (the point of raising livestock not reported in the discharge facilities), 49 subparagraph 4 of the Act on the Management and Use of Livestock Excreta, Articles 11 (3) and 10 (1) (the point of having livestock flown in the public waters) of the Act on the Management and Use of Livestock Excreta, and choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. All the sentencing conditions indicated in the instant pleadings, including the following: (a) the fact that the reason for sentencing under Article 62(1) of the Criminal Act reflects the error in the sentencing; (b) the scale of livestock raising; and (c) the criminal records of the same kind of fine in 2015; and (d) the circumstances after the crime,

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