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(영문) 대전지방법원 2018.04.25 2017고단4931
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from June 199 to June 2, 199, was operating a swine shed in the name of “C” in the name of “C,” and was installing excreta discharge facilities with permission from the time of seeding, and raising approximately 1,000 pigs.

No person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure shall commit any act that discharges or is likely to flow livestock excreta, manure, or liquid manure into public waters by discharging or neglecting it.

Nevertheless, on July 2017, the Defendant is in the condition that the facility for composting around July 2017 is spreading.

For the reason that the foul waste does not bring in, approximately 10 tons of the foul waste is stored in D site without any emission prevention device, and neglected it, thereby making approximately 1 ton of the foul waste generated from the said foul waste flow into E, a public water area.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to permits for installation of field photographs and foul waste discharging facilities;

1. Article 49 of the Act on the Management and Use of Excreta and Articles 49 (2) and 10 (1) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and selection of imprisonment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

The circumstances at a disadvantage: The defendant committed the crime of this case, even though he had been punished three times for the same crime, and again committed the crime of this case, threaten the people's health due to water pollution and seriously damaging the natural environment, the social cost for recovery of environmental damage is not only enormous, but also the circumstances favorable to the fact that it is difficult to recover in itself: The confession of the crime of this case was committed, and there was a record of being punished as suspended execution for a similar crime, but it was not less than 20 years.

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