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(영문) 춘천지방법원 강릉지원 2017.09.07 2017노169
가축분뇨의관리및이용에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, even though he did not leak livestock excreta, found the Defendant to have the wastewater and foul waste on the breast stock farm operated by the Defendant, with his photograph affixed, even though he did not leak livestock excreta.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. The following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, i.e., the Defendant confirmed and sealed on the spot the facts of the inflow of livestock excreta to the public waters, and on the site of “I,” on July 6, 2016, check and affix a seal on the fact

In light of the fact that: (a) the Defendant prepared a written confirmation that the livestock excreta was discharged into a nearby place as well as the Defendant’s stock farm; (b) the video of the livestock excreta outflow photograph (Evidence No. 7 through 10 pages) taken at the time of control is deemed not to be a video that can be created by another person in a way that discharges wastewater and excreta; and (c) the Defendant’s act of discharging livestock excreta in a public water area, such as the facts charged, is recognized.

Therefore, the judgment of the court below which found the defendant guilty is just, and the defendant's assertion of mistake is not accepted.

3. The fact that the defendant has no record of having been sentenced to a penalty exceeding the fine is favorable to the defendant.

However, it is not good that the act of recklessly discharging livestock excreta harms the purpose of the law on the management and use of livestock excreta in order to prevent environmental pollution, and the defendant is not able to repent by taking into account the following factors: the defendant's responsibility for others; and the defendant's age, character and environment of the defendant and circumstances before and after the crime.

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