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(영문) 수원지방법원 안산지원 2013.06.18 2013고정599

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In order to raise mil cows using facilities the area of which is at least 900 square meters for raising mil cows, permission shall be obtained from the competent authority in advance.

Nevertheless, the Defendant raised approximately 80 mil cowss using a stable of 1,99 square meters without the permission of the competent authority, in the “D farm” located in four parcels, such as Sinsi-si, si, etc. between September 28, 2012 and November 13, 2012, using a stable of 1,99 square meters and without the permission of the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of public official;

1. A written accusation;

1. A certificate;

1. Application of related Acts and subordinate statutes;

1. Article 49 of the relevant Act and subparagraph 1 of Article 49 of the Act on the Management and Use of Livestock Excreta selected for committing a crime, and Articles 11 (1) of the same Act (the occupation of raising livestock using waste-generating facilities and the selection of fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order include the size of the stable of this case and the fact that the defendant has been punished several times for the same kind of crime. It is so decided as per Disposition for the above reasons.