Despite the fact that the breeding ground area is at least 1,000 square meters and the permission for installation of emission facilities is obtained from the competent Mayor, the defendant, on April 6, 2009, additionally installed a stable with 126 square meters on the existing breeding ground (901 square meters) and operated by the defendant, he raised pigs in the above breeding ground for the above period without obtaining permission from the competent Mayor without justifiable grounds despite the fact that the total area of the breeding ground was at 1,083.4 square meters.

However, in light of the following circumstances, the facts charged in this case constitutes a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act

- The Defendant is aware of the extension of livestock penss not exceeding 126 square meters. However, on December 3, 2009, an application for change of permission for discharge of livestock excreta was rejected on the ground of ordinance of the City enacted on December 3, 2009, and there was no breeding of pigs and no discharge of livestock excreta.

- According to the records, on January 11, 2000, the Defendant, who installed a 901.4m2 and a 171.8m2 in a swine breeding facility, filed a report on a discharge facility on a 901m2m2 in a swine breeding facility on a 171.4m2. The Defendant is recognized to have acquired the 1073m2m2 in the instant breeding facility around May 2004.

In other words, the Defendant did not constitute “a person who intends to install discharge facilities” subject to permission under Articles 49 subparag. 1 and 11(1) of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 10973, Jul. 28, 201; hereinafter “former Livestock Excreta Act”).

- The total area of a swine breeding facility is not less than 1,00 square meters by the defendant's act of extension as above.