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(영문) 수원지방법원 성남지원 2017.07.14 2017고단669
수질및수생태계보전에관한법률위반
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 is a person who sells a dog at a c farm located in Seongbuk-gu, Sungnam-gu.

No person shall dump excreta, livestock excreta, sludge, etc. in a public water zone without justifiable grounds.

Nevertheless, the Defendant, from March 1, 2004 to February 28, 2017, discharged excreta generated by selling a dog at the place of business, into sewage pipes, which are public waters in front of the place of business.

Accordingly, the Defendant committed an act of dumping livestock excreta in public waters without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official's statement;

1. Application of C farm-violation photograph Acts and subordinate statutes

1. Article 78 of the relevant Act on the Punishment of Criminal Crimes, Article 78 subparagraph 3 of the Act on the Selective Water Quality and the Conservation of Successful Life, and Article 15 (1) 2 of the Act on the Conservation of Successful Water Quality and Life, and the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) of the suspended sentence is that the defendant has been convicted of a suspended sentence due to the same kind of crime, and that there is a high need to preserve water quality and ecosystem, but the quality of the crime is very poor by allowing livestock excreta to flow into the public waters for more than 10 years.

However, considering the fact that the defendant has no record of punishment for the last ten years, confessions and reflects the crime of this case, and that it will not be reoffending in the future, the punishment as ordered shall be determined in consideration of the circumstances under Article 51 of the Criminal Act.

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