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(영문) 제주지방법원 2014.04.10 2013고단1734
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person who operates a E farm at the location of “A or D in Jeju-si” with permission for the installation of a livestock excreta discharge facility. If a person who has obtained permission for the installation of a livestock excreta discharge facility alters the location of a waste-generating facility or disposal facility, the person shall obtain

Nevertheless, on August 15, 2013, the Defendant installed a livestock excreta storage facility with a scale of 1,000 tons in the Jeju City F without permission from the Jeju City, and stored and disposed of 790 tons of livestock excreta.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each G statement;

1. Investigation reports (whether permission for change is possible), permission for the installation of livestock excreta discharge facilities, and the application of photographs and photographs;

1. Article 49 of the Act on the Management and Use of Livestock Excreta and the selection of punishment for a crime: Article 49 of the same Act; Article 11 (2) of the same Act;

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances with the reason for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the reason for sentencing): The facts of crime are recognized and reflected; the circumstances unfavorable to the fact that there is no past record of criminal punishment for the same kind of crime: The Defendant installed and operated a livestock excreta disposal facility in his walscrus greenhouse for convenience in a place where the installation of a livestock excreta disposal facility cannot be achieved at least 4 km away from the business site where the installation of a livestock excreta disposal facility was permitted; the Defendant installed and operated a livestock excreta disposal facility in his walscruscrus for convenience in a place where the installation of a livestock excreta disposal facility was installed with permission for development under the National Land Planning and Utilization Act, and livestock excreta in the liquid manure storage installed with permission for development.

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