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(영문) 대구지방법원 포항지원 2017.05.18 2017고단315
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where the living environment or public waters are polluted or are likely to be polluted due to excreta, manure, or liquid manure discharged or neglected, the head of a Si/Gun/Gu may order a person who discharges, collects, transports, disposes of, or spreads livestock excreta, manure, or liquid manure, or an owner or manager of livestock excreta, manure, or liquid manure, to take measures necessary for the prevention of environmental pollution, such as changing the method of storage of excreta, manure, or liquid manure, or collecting excreta, manure, or liquid manure.

Around December 6, 2016, Defendant issued an order to take measures to prevent the divulgence of, and properly dispose of, industrial effluents from, the north-gu Office of North Korea to January 31, 2017, by leaving approximately 730 tons of livestock and composts in the north-gu B at Port, without permission.

Nevertheless, the Defendant, by January 31, 2017, did not comply with the order to take measures by collecting only part of excreta and manure, leaving approximately 548 tons of excreta and compost without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);

1. Article 50 of the Act on the Management and Use of Excreta that is applicable to the facts constituting an offense and Articles 50 and 10 (2) of the Act on the Management and Use of Excreta that is selected as a penalty;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include: (a) the Defendant’s mistake is divided; (b) the Defendant has no record of punishment except a fine; and (c) the Defendant has endeavored to restore the forest to its original state by collecting the entire amount of retirement expenses; and (d) other various circumstances, including the Defendant’s age, environment, sex behavior, and circumstances after the crime, which are the conditions for sentencing specified in the pleadings of the instant case, shall be determined as the Disposition.

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