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(영문) 대구지방법원 안동지원 2017.08.11 2017고정93
가축분뇨의관리및이용에관한법률위반
Text

1. The sentence against the accused shall be three million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

In disposing of or spraying livestock excreta, manure, or liquid manure, a person who smokes manure or liquid manure shall not commit an act of spraying any amount generated from a resource recovery plant to any place, other than where the installer of the relevant resource recovery plant secures liquid manure in a manner that discharges livestock excreta, manure, or liquid manure.

Nevertheless, the Defendant, on December 31, 2016, transported approximately 24.5 tons of the amount supplied by F, a swine farmer, who is permanently residing in E, for the purpose of farming, to G farm with a view to farming, without permission, on the land owned by the Defendant, which is not a land for spraying liquid manure secured by F, not a land for spraying liquid manure.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation from the head of Ansan-si;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 50 of the Act on the Management and Use of Excreta which is the option of the relevant crime and Article 17 (1) 5 of the Act on the Management and Use of Excreta which is the option of the punishment (the choice of punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the background, method, result, the defendant's attitude, criminal records (such as the circumstances that were subject to a fine for the same kind of crime), age, sexual conduct, environment, and circumstances that were shown in the arguments and records of the instant case, and the sentence as ordered.

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