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(영문) 대전지방법원 서산지원 2016.09.20 2016고단531
가축분뇨의관리및이용에관한법률위반
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

An installer and operator of a waste-generating facility or an installer and operator of a disposal facility shall not discharge livestock excreta flowing into a disposal facility without converting it into resources or without discharging it through the final outlet (hereinafter referred to as "interim discharge") or install a facility capable of discharging livestock halfway.

1. On March 23, 2016, the Defendant installed a pumps and heading in the water, which is a facility for discharging livestock excreta in a temporary storage box installed at the lower portion of the money discharge facility, in a livestock shed operated by the Defendant (a total of 2 Dongs, a total of 439m square meters, a total of 700m, and a total of 700m pigs breeding), and used it to spread livestock excreta into a dry field in the vicinity, and discharged livestock halfway.

2. On July 5, 2016, the Defendant installed underwater pumps and headings, which are facilities capable of discharging livestock excreta in storage tanks, which are discharge facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The photograph of the place of violation on March 23, 2016, and the photograph of the place of violation on July 5, 2016;

1. Application of satellite photographing statutes to the point of intermediate discharge of livestock excreta;

1. Subparagraph 5 of Article 50 and Article 10 (1) of the Act on the Management and Use of Criminal Facts, the selection of punishment for imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that it is inevitable for the Defendant to repeatedly choose to imprisonment with prison labor for the Defendant, even though he/she had the same record.

The punishment as ordered shall be determined in consideration of all the sentencing conditions, such as the defendant's age, sex, environment, background, means and result of the crime, and the circumstances after the crime.

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