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(영문) 청주지방법원 2020.01.08 2019고단1674
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

The defendant operates C in Jincheon-gun, and around August 2, 2005, he obtained permission to install livestock excreta discharge facilities, operates C, and raises pigs.

No person shall discharge livestock excreta flowing into a disposal facility without converting it into resources.

Nevertheless, around July 24, 2019, the Defendant did not keep livestock excreta in a fixed-type storage facility that does not leak out even though livestock excreta had already been discharged more than 230 cubic meters of livestock excreta, even though livestock excreta had already been discharged outside of disposal facilities. In addition, the Defendant discharged livestock excreta to the outside of disposal facilities by cutting it out into saw 230 cubic meters of livestock excreta.

(b) No person who discharges, collects, transports, disposes of, or spreads livestock excreta shall discharge it to flow it into public waters;

On July 24, 2019, the Defendant discharged livestock excreta which was not disposed of in a around July 24, 2019 into public waters by discharging it outside a disposal facility.

Summary of Evidence

1. Defendant's legal statement;

1. Application of accusation, statement of public official, written confirmation, and on-site photographing statutes;

1. Subparagraph 2 of Article 49 and Article 10 (1) of the Act on the Management and Use of Livestock Excreta in relation to facts constituting a crime (the occupation of discharging livestock excreta into public waters), subparagraph 2 of Article 49 and Article 17 (1) 2 of the Act on the Management and Use of Livestock Excreta;

1. Since the above crimes are caused by an act of discharge under Articles 40 and 50 of the Commercial Code, it is reasonable to view each of the above crimes as the ordinary competition relationship.

1. Selection of alternative imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to two years of imprisonment with prison labor for a prison labor within the scope of applicable sentences in law; and

2. Six months of imprisonment with prison labor for the decision of sentence, two years of suspended execution, and two years of imprisonment with prison labor: The defendant's age appears to have made efforts to recover damage and prevent additional emissions in the above circumstances.

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