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(영문) 청주지방법원 충주지원 2013.09.13 2013고단471
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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 representative of D who mainly engages in livestock farming business in C and five parcels in the Chungcheong City. The installer of a livestock excreta waste-generating facility shall not discharge livestock excreta discharged from waste-generating facilities halfway or install facilities capable of discharging livestock excreta halfway without converting livestock excreta discharged from waste-generating facilities into resources or without discharging it through the final outlet.

Nevertheless, the Defendant, while raising pigs around July 14, 2013, installed an intermediate discharge facility and discharged livestock excreta into neighboring rivers unless it is converted into liquid manure storage tank.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Violations photographs;

1. A permit to install livestock excreta discharge facilities;

1. Application of Acts and subordinate statutes related to discharged water quality testing results;

1. Article 49 of the relevant Act and the main sentence of Article 17 (1) 2 of the Act on the Management and Use of Livestock Excreta which is the option of criminal facts; the choice of imprisonment with labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The Defendant committed the instant crime that discharges a large amount of livestock excreta of about 100 tons again even though he had had had the same kind of previous convictions, which led to the contamination of neighboring water quality; this is a crime that pollutes the environment and causes damage to many and unspecified persons, and the nature of the crime is not easy: There is no criminal conviction exceeding the fine of the Defendant; the Defendant reflects the Defendant’s crime; and other various circumstances, such as the Defendant’s age, character and behavior, occupation, family environment, etc., taking into account the following circumstances:

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