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(영문) 청주지방법원 충주지원 2014.02.07 2013고단692
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for four 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 is a person who mainly engages in the livestock industry in C and eight parcels, respectively. A person who raises livestock or a person who collects, transports, or disposes of livestock excreta shall not ensure that livestock excreta not properly disposed of flows into public waters.

Nevertheless, on June 12, 2013, the Defendant stored livestock excreta discharged while raising pigs outside C and eight parcels of land outside C in the livestock shed at the livestock shed, and caused rainwater to flow into the livestock shed upper crepan, thereby discharging two ton of livestock excreta not treated together with rainwater into public waters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's domicile, and photograph of violation;

1. Application of statutes governing permission for the installation of livestock excreta discharge facilities;

1. Article 49 of the relevant Act on the Management and Use of Livestock Excreta Selection of Punishment and Articles 49 subparagraph 2 and 10 of the Act on the Management and Use of Livestock Excreta; Selection of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The defendant has committed the instant crime again despite the previous convictions of the same kind of fine three times, and the instant crime is favorable to the defendant that does not impose any minor damage by causing the environment to pollute the environment: The defendant's remuneration after committing the instant crime and does not discharge livestock excreta; the defendant reflects the Defendant's crime; and other circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, character and conduct, occupation, family environment, etc.

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