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(영문) 전주지방법원 2013.05.10 2013노232
가축분뇨의관리및이용에관한법률위반
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant A, the sentence of the lower court (one year of imprisonment) is too unreasonable.

B. In light of the overall sentencing conditions of Defendant B, the sentence of the lower court (two years of imprisonment) is too unreasonable.

C. In light of all the sentencing conditions, the lower court’s sentence against the Defendants (the sentence against the Defendants A and B, and the sentence against the Defendants C: imprisonment in August, a suspended sentence of two years, confiscation, social service 100 hours) is too unfasible and unreasonable.

2. Determination on the grounds for appeal

A. Recognizing the favorable circumstances, such as the fact that the Defendant’s judgment on the assertion of unfair sentencing against the Defendant A and the Prosecutor both acknowledged the instant crime and divided in depth, and that the Defendant supports the disabled family, and that the instant crime appears to have led by the Defendant B, etc.

However, the crime of this case was committed by the Defendants in collusion with about 3,400 tons of livestock excreta over 147 times without permission in Jeoncheon, public waters. Considering the quantity and frequency of the foul waste dumped, the destruction of water quality ecosystem resulting therefrom, and damage to residents' health, etc., the crime of this case was committed on or around May 15, 2012. Defendant A continued to commit the crime of this case even around the period of investigation into the instant case. In full view of the various sentencing conditions under Article 51 of the Criminal Act, including Defendant A’s age, character and conduct, intelligence and environment, criminal record relation, and motive and circumstance of the crime, the lower court’s punishment against Defendant A is adequate, and it is deemed unfair because it is too heavy or too low. Thus, Defendant A and the prosecutor’s assertion of unfair sentencing are without merit.

B. The instant crime committed against Defendant B and the Prosecutor on the assertion of unfair sentencing against Defendant B is committed in collusion with the Defendants on about 3,400 tons of livestock excreta over 147 times without permission on Jeoncheon, which is public waters.

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