logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2016.02.19 2015고단432
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who discharges livestock excreta shall not commit an act of discharging or threatening to flow livestock into public waters by neglecting it, and shall not discharge livestock flowing into a disposal facility without converting it into resources.

1. On March 2015, the Defendant discharged foul waste into public waters by placing 1,459.73 square meters in public waters, and 2,000 livestock excreta in a state of not being converted into resources, and about 10 tons of the mixtures in a state of being kept in a compost, on the outside pipe of a compost, by placing 10 tons of liquid ingredients of the foul waste in a state of not being converted into resources, on the outside pipe of a compost, and having livestock flow into a nearby river, with a slope and drain, with the liquid ingredients of the relevant foul waste discharged into a slope and drain.

2. On June 2015, the Defendant: (a) from the livestock shed of the above D farm; (b) from the livestock excreta treatment facilities, the Defendant buried approximately 40 kmg of sediment generated from foul waste discharged into a septic tank, which is a treatment facility for foul waste; and (c) discharged livestock excreta into the treatment facility without converting it into resources.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on business trips results and administrative disposition plans;

1. Application of Acts and subordinate statutes to a criminal investigation report (to be submitted by the Cheongyang-gun Office and a photograph CD file);

1. Article 49 subparagraph 2 of the relevant Act and Articles 49 and 10 subparagraph 1 of the Act on the Management and Use of Excreta (the entry of livestock into public waters of excreta, the choice of imprisonment), Article 49 subparagraph 2 of the Act on the Management and Use of Excreta, and Article 17 (1) 2 of the Act on the Management and Use of Excreta (the emission of excreta in an unreuted state, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account circumstances favorable to the defendant during the period of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows: the defendant is in the official order branch of the Daejeon District Court on November 11, 2003.

arrow