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(영문) 대전지방법원 홍성지원 2016.01.29 2015고단770
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment 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

The Defendant is a person who raises pigs 3,00 m20 m2 on a lease of 3,204 m2,00 m3,00 m2, which is an animal waste-generating facility permitted by Hongsung-gun, Hongsung-gun.

On July 12, 2015, the Defendant: (a) around July 12, 2015, the Defendant: (b) performed a duty of care to take necessary measures, such as: (c) the Defendant, as a person engaged in raising livestock, issued livestock excreta as a compost, so as to prevent rainwater from flowing out of the livestock area, by taking necessary measures, such as raising livestock excreta into the country; and (d) the Defendant, at the same time, was released from the livestock where the shot and foul waste were stored in the place; and (e) there was a large amount of rain at the time.

Nevertheless, the Defendant neglected this and neglected to leave livestock excreta that has been leaked out of the compost company and caused livestock excreta to flow into the vegetable mountain stream along with rainwater on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Results of examination of foul waste;

1. Application of Acts and subordinate statutes on photographed site;

1. Subparagraph 6 of Article 50 and Article 10 (1) of the Act on the Management and Use of Excreta in connection with the facts constituting an offense;

1. Although the reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act had a record of having been punished four times for the same crime, there is a high possibility of criticism against the defendant in that he/she again committed the instant crime without fulfilling his/her duty of care as a livestock excreta-related business operator.

However, in full view of the following facts: (a) the Defendant’s confession and confession; (b) there is no record of punishment heavier than the suspension of execution for the same kind of crime; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime; and (d) the circumstances after the crime, etc., the sentence of imprisonment is to be imposed and the execution of the sentence is suspended.

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