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(영문) 대전지방법원 논산지원 2014.02.07 2014고정1
수질및수생태계보전에관한법률위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

No one shall throw excreta, livestock excreta, the dead body of animals, wastes (excluding the designated wastes provided for in the Wastes Control Act), or sludge into public waters without justifiable grounds.

Nevertheless, from September 17, 2012 to November 15, 2013, the Defendant leaked approximately KRW 500 L of livestock excreta to a neighboring river, which is a public waters, through a pipe of about 15cm length from the Defendant’s stable located in Seosan City B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each description of investigation intelligence report, request for investigation (including attached documents), offender, report on investigation, or video-related Acts and subordinate statutes;

1. Article 78 of the relevant Act on the Punishment of Criminal Crimes and subparagraph 3 of Article 78 and Article 15 (1) 2 of the Act on the Selection of Water Quality and Aquatic Ecosystem Conservation (to select a fine in general);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing period of Article 334(1) of the Criminal Procedure Act of the provisional payment order is not shorter than the short period when the defendant discharges livestock excreta to a neighboring river; however, the defendant reflects the crime; the scale of the livestock shed operated by the defendant is relatively small; and the defendant reported the closure of business concerning the livestock industry operated by him/her after the crime of this case; and all the circumstances revealed in the arguments shall be determined as per the order, comprehensively taking into account.

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