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(영문) 울산지방법원 2018.08.27 2018고정708
가축분뇨의관리및이용에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a swine breeding facility (area 1,988.1 square meters, pigs approximately 300 mar) with permission to install emission facilities in Ulsan-gun, Ulsan-gun.

No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit an act of injecting or threatening to inflow livestock excreta, manure, or liquid manure into public waters by negligence in the course of performing his/her duties.

Nevertheless, the defendant did not manage the above breeding facility properly and caused livestock excreta to be accumulated around the facility due to occupational negligence, around June 25, 2017, and around June 26, 2017, the livestock excreta accumulated around the facility due to rainwater, which is a public area where the neighboring area, was located.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a certificate of collection of samples and water quality examination data;

1. Article 50 of the relevant Act on the Management and Use of Excreta which is the option of punishment and Articles 50 subparagraph 6 and 10 (1) of the Act on the Management and Use of Excreta which is the option of punishment for the crime;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the period computed by converting 100,000 won into one day) by the detention in a workhouse;

1. Article 59 (1) of the Criminal Act (the first offender, negligence offender, drain pipe construction, reflector, and fear of repeating a crime) of the suspended sentence;

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