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(영문) 대전지방법원 공주지원 2016.01.15 2015고단407
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 livestock pens, which is a facility for discharging excreta, in Cheongyang-gun, Chungcheongnam-gun.

No person who discharges livestock excreta shall commit an act of discharging or threatening to flow livestock into public waters by neglecting it.

Nevertheless, on July 2015, the Defendant left the livestock shed with a total area of 1,212.54m2 and 250m2 of swine breeding, despite having leaked from livestock breeding clubs and composts to the outside of livestock pens, and instead left the livestock excreta 450m2 and 450m2 flow into a nearby public waters via a rain channel.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate;

1. A list of guidance for the installation of facilities discharging livestock wastewater;

1. A copy of the permit to install facilities discharging livestock wastewater;

1. The current status map of a stable;

1. C A livestock pens-related photographs, field photographs, foul waste outflow points, outflow photographs, and video files;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to calculating the quantity of foul waste discharged);

1. Article 49 of the Act on the Management and Use of Excreta that is applicable to the facts constituting an offense and Articles 49 subparagraph 2 and 10 (1) of the Act on the Management and Use of Excreta that is selected as a type of punishment;

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 Social Service Order Criminal Act, Articles 59 and 62 of the Act on the Observation, etc. of Protection, etc. are as follows: (a) the Defendant left away considerable amounts of foul waste while operating livestock pens as they are, thereby directly polluted or damaging the environment in which adequate and sustainable management and preservation is required for all people of humans, nature, current and subsequent age; and (b) further, in order to restore it, the time, expenses, etc. of multiplying the environment by the relevant area.

In addition, in light of the defendant's attitude in the process of investigation and trial, it is doubtful whether the defendant is seriously against the crime of this case.

Therefore, it is inevitable to select the imprisonment for the defendant.

. The above.

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