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(영문) 대전지방법원 2020.11.05 2020고단3770
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who raises pigs with the trade name of a C farm in Sejong Special Self-Governing City B.

No person shall discharge livestock excreta flowing into a disposal facility without converting it into resources or without discharging it through the final discharge outlet, or install a facility capable of discharging livestock excreta halfway.

Nevertheless, on March 27, 2020, the Defendant discharged excreta of 0.24 square meters in a state that was not converted into resources and introduced excreta into Chocheon, which is a public waters.

Summary of Evidence

1. Application of the Acts and subordinate statutes to send the defendant's report on confirmation of his/her legal statement, on-site photographs, collection of samples, test records;

1. Article 49 of the relevant Act and subparagraph 2 of Article 49 of the Act on the Management and Use of Livestock Excreta Selection for Crimes and Article 17 (1) 2 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding twenty million won;

2. The grounds for all kinds of sentencing, including the process of discharging livestock excreta, quantity discharged, details of ex post facto measures, the fact that the defendant was sentenced to a fine in 2001 and 2005 in violation of the same Act, the fact that the defendant recognized the crime and reflects it, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act;

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