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(영문) 대전지방법원 천안지원 2015.11.30 2015고단1647
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A person who intends to install livestock excreta discharge facilities using livestock excreta in a livestock raising facility without filing a report thereon with the competent authority. However, the Defendant raised approximately 50,000 mals for chickens in a livestock breeding facility with the trade name of “D” from January 18, 2014 to August 25, 2015, in an area of approximately 4,370 square meters, without filing a report on the installation of livestock excreta discharge facilities.

2. A person who raises livestock into public facilities for discharging livestock excreta, or a person who collects, transports, or disposes of livestock excreta shall not ensure that livestock excreta not disposed of properly flows into public waters. However, the Defendant raised livestock as an operator of “D” and the Defendant did not take necessary measures, such as rain forests, to prevent livestock excreta from flowing into public waters in disposing of livestock excreta discharged from the foregoing D on August 25, 2015, and discharges livestock excreta into public waters by negligence in the course of performing duties, which is fit as it is, on the surrounding land.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A statement of detection;

1. A certificate;

1. Application of statutes on site photographs;

1. Article 11 (3), subparagraph 4, and subparagraph 9 of Article 50 of the Act on the Management and Use of Livestock Excreta in relation to facts constituting a crime (the installation of a non-reported livestock excreta discharging facility), and the selection of imprisonment with labor;

1. Of concurrent offenders, the sentence of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, despite the records of the same kind of crime, has reached the crime of this case among several concurrent offenders, the court does not place a statutory restraint, taking into account that the defendant is aged, is living together with his/her residence, occupation, and family.

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