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(영문) 광주지방법원 2013.09.11 2013노1293
가축분뇨의관리및이용에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the court below is justified in light of the following circumstances: (a) the defendant led to the confession of a crime; (b) the defendant collected livestock excreta, which has been accumulated as an excellent quality on a regular basis so that livestock excreta can not be discharged into a farm road; (c) the defendant has an old age and health condition; (d) the defendant has expressed his intent not to maintain the livestock industry by arranging the remaining lawsuit in a livestock shed; and (e) the crime of this case is acknowledged to allow the defendant to flow livestock excreta, which has not been disposed of properly without reporting on the installation of livestock excreta discharge facilities, into public waters without neglecting the report on the installation of livestock excreta discharge facilities; (c) thereby impairing the surrounding residential environment and causing environmental pollution, such as water pollution; (d) the defendant committed the crime of this case even though he had the past record of being sentenced to a fine for the same kind of crime on around 2005; and (e) the defendant has been punished six times as a fine for the same crime; and (e) the court below imposed a minor summary order than the original order issued in consideration of the favorable circumstances for the defendant; and other various conditions in the records and arguments.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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