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(영문) 대구지방법원 서부지원 2016.08.12 2016고단853

가축분뇨의관리및이용에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a salt farm in the name of "D" in Gyeongbuk-gun, Gyeongbuk-gun.

A person who intends to install or is operating a facility for discharging foul waste, such as a facility for raising livestock, including salt, etc. with a size of at least 200 square meters, shall report it to the head of a Si/Gun

On April 25, 2016, the Defendant did not report the installation of livestock excreta emission facilities to the head of Sungju-si in D on April 25, 2016. The Defendant installed 6 operation of a vinyl house with an area of 443.6 square meters, and raised 150 maris by using such facilities.

Accordingly, the Defendant installed livestock excreta discharge facilities without reporting to the competent authorities, and raised livestock using the discharge facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 4 of Article 50 and Article 11 (3) of the Act on the Management and Use of Excreta in connection with a crime committed;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (amended by the relevant Act and subordinate statutes on March 24, 2015) (see, e.g., Supreme Court Decision 2016Da1448, Jun. 17, 2016) of the Suspension of Sentence appears to be a reason that the Defendant was unable to sufficiently understand such circumstances despite the amendment of the relevant Act and subordinate statutes and included in the subject matter subject to regulation; and on March 24, 2016, the period for reporting was determined; however, the Defendant was found to have been exposed to only one month after the lapse of the given period; and the Defendant reported