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(영문) 광주지방법원 2017.12.08 2017고정1658

축산법위반

Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is a person who runs a livestock industry called D in Gwangju North-gu C.

A person who intends to operate a livestock farming business shall obtain permission from the head of the competent Gu by preparing matters concerning the appropriate number of raising livestock for each facility, equipment, and unit area prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from February 23, 2016 to August 18, 2017, installed a breeding facility exceeding 50 square meters in Gwangju Northern-gu C and raised 15 maris.

Accordingly, the Defendant carried out a livestock industry without obtaining permission.

Summary of Evidence

1. Statement by the defendant in court;

1. The current status of livestock products and records of the E control;

1. Application of statutes on site photographs;

1. Article 53 of the Act applicable to criminal facts, subparagraph 1 of Article 53 of the Livestock Industry Act that selects punishment, and Article 22 (1) of the same Act (including), and selection of fines;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.

Defendant is led to confession, and is against himself.

The Defendant did not raise livestock after August 21, 2017.

The defendant has no record of criminal punishment, except for punishment of a fine, due to a violation of the Road Traffic Act on July 1997.

The defendant is a disabled person of the first degree of disability and a recipient of a basic pension.