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(영문) 수원지방법원 평택지원 2019.06.13 2018고정450

가축분뇨의관리및이용에관한법률위반등

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

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 facilities discharging livestock (small waste) and excreta in Pyeongtaek-si B (Gu B) on the upper ground of C.

A person who intends to install a waste-generating facility of a scale exceeding that prescribed by the President (100 square meters but less than 900 square meters) or who installs or operates such facility shall file a report with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the Defendant, from March 2009 to August 2, 2018, operated livestock excreta discharge facilities without reporting the installation of livestock excreta discharge facilities while raising three to 22 livestock excreta discharge facilities from March 2, 2009 to 249 square meters (one operation of a livestock breeding facility).

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of reports on results of business trips, written confirmations, and statutes;

1. Article 50 subparagraph 4 of the Act on the Management and Use of Livestock Excreta, Article 11 (3) of the same Act concerning facts constituting a crime, the selection of fines;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. A person who runs a livestock farming business based on the summary of the facts charged in the violation of the Livestock Industry Act shall obtain permission from the competent administrative agency by preparing matters concerning the adequate number of raising livestock and the location of raising livestock per unit area prescribed by the President and obtain the same permission for modification in cases where he/she intends to increase not less than 10/100

Nevertheless, around March 16, 2009, the Defendant operated a livestock breeding facility without obtaining permission for a livestock breeding business (249.9m2) with a license for a livestock breeding business (249m2) around March 16, 2009, even though the area of a livestock breeding facility for the Korean cattle (279m2) has been expanded to 279.6m2 (10m2) around 2013, the Defendant operated the facility without obtaining permission for a change.

2. The evidence submitted by the judgment prosecutor alone is insufficient to recognize that the Defendant increased the volume of 30 square meters equivalent to at least 10/100 of the existing permitted area in around 2013 and used it as a livestock raising facility, and it is otherwise recognized.