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(영문) 창원지방법원 밀양지원 2019.06.27 2019고단150
가축분뇨의관리및이용에관한법률위반
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of seven thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Defendants are married couple.

Defendant

B obtained on December 27, 2001 permission for the installation of a livestock excreta discharging facility with the content that the sum of the size of 1274.74m2 in C is operating a swine breeding facility with the size of 1274m3m2 from the smuggling market.

1. A person who has obtained permission for the installation of a waste-generating facility, etc. with a size of at least 1,000 square meters from a competent authority under the jurisdiction of Defendant A shall not discharge livestock excreta without discharging livestock excreta into a disposal facility;

The Defendant, around December 12, 2018, operated a facility for raising pigs of a total area of 1274.74m2 to a disposal facility, and discharged livestock excreta to nearby farmland without discharging livestock excreta to a disposal facility.

2. Defendant B: (a) around December 12, 2018, Defendant C committed a violation described in paragraph (1) in relation to the Defendant’s business, who is an employee of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of public official;

1. On-site photographs;

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

1. Article 49 of the Act on the Management and Use of Livestock Excreta and Article 17 (1) 1 of the Act on the Management and Use of Livestock Excreta; Defendant A who selects to imprisonment with labor: Articles 52, 49 subparagraph 2 of the Act on the Management and Use of Livestock Excreta and Articles 17 (1) 1 of the Act on the Management and Use of Livestock Excreta;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A: The reason for sentencing under Article 62-2 of the Criminal Act is that Defendant B was punished for the same kind of crime, and the responsibility for the crime is not easy, and Defendant A was aware that Defendant B, her husband, had a record of several times of the same crime (Evidence Records No. 194), despite being aware that Defendant B had a record of several times of the same crime, Defendant A had a record of the crime of the same kind of crime, the degree of criticism is somewhat weak. However, the Defendants showed an attitude against the Defendants while recognizing all of the crimes, and all of the sentencing factors, such as the relation, age, environment, motive and circumstance of the crime, etc. of the Defendants.

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