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(영문) 대전지방법원 2014.11.06 2014고정1493

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who installs and operates a livestock excreta waste-generating facility in Class B.

A person who intends to install waste-generating facilities not less than 60§³ in cases of a dog breeding facility shall file a report with the competent authority, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, from around 2009 to May 19, 2014, the Defendant installed 64.655 square meters in a breeding facility in the said place, which is an emission facility, and raised 40 square meters in a dog, and did not report the installation of the emission facility.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of joint guidance and inspection;

1. Application of statutes on site photographs;

1. Article 50 subparagraph 3 of the Act on the Management and Use of Livestock Excreta which is the option of criminal facts and Articles 50 and 11 (3) of the same Act, the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In this context, considering all the circumstances such as the defendant's age, character and conduct, home condition, and circumstances after the crime, the punishment is determined as ordered.