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(영문) 의정부지방법원 2017.09.14 2017고정657

축산법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to engage in livestock farming business in violation of the Livestock Industry Act shall obtain permission to engage in livestock farming business from the competent authority;

Nevertheless, from October 2014 to October 1, 2015, the Defendant raised 250 pigs in the land facility B (13,124m2) located in Seocheon-si, Gyeonggi-do (3,410m2), and carried on livestock farming business without obtaining permission for livestock farming business.

2. The Defendant, in violation of the Act on the Management and Use of Excreta, installed and operated a swine breeding facility (area 1,00 square meters or more) with a livestock shed, which is a livestock excreta discharging facility, using the livestock shed at the same time and at a place specified in the above 1.1.

3. A person who intends to recycle wastes of animals, plants, residues, etc. in violation of the Wastes Control Act as food for livestock shall report such fact to the competent authorities;

Nevertheless, without reporting to the competent authorities, the Defendant used food waste discharged from a restaurant with approximately 250 pigs raised at the time and place of the above 1.1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each accusation;

1. A written statement of each accuser;

1. Application of Acts and subordinate statutes to the exposed field photographs (C);

1. Article 53 Subparag. 1 of the Act on the Management and Use of Livestock Excreta, Article 53 of the Act on the Management and Use of Livestock Excreta, Article 22(1) of the Livestock Industry Act (the occupation of operating the livestock industry without permission), Articles 49 Subparag. 1 and 11(1) of the Act on the Management and Use of Livestock Excreta (the occupation of installing facilities raising livestock without permission for the use of discharge facilities), Articles 66 Subparag. 2 and 46(1) of the Waste Management Act (the occupation of using wastes without permission), the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;