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(영문) 인천지방법원 2017.07.13 2015고단7683

사료관리법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 7683"

1. The Defendant is a person who operates a fish farm in Incheon Southern-gu B.

No person shall use food remaining in feed for the purpose of feed of a chickens related to avian influenza.

Nevertheless, around August 19, 2015, the Defendant, at around 17:00 on August 19, 2015, 15, contained 150 litress of earth and sand, 3,000 horses raised in a fish farm operated by the Defendant in Nam-gu Incheon Metropolitan City, and used 150 litres of food remaining after being identified as feed in a plastic container.

"2016 Highest 596"

2. A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. for a specified purpose;

Nevertheless, the Defendant did not obtain permission to convert mountainous districts, from April 2015 to October 2015, and cut at least 28,562 square meters out of 28,562 square meters in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and installed a valley and operated a bridge, thereby converting the use of mountainous districts.

Summary of Evidence

"2015 Highest 7683"

1. Statement of the defendant in the third public trial records;

1. Written statements of D;

1. A written accusation;

1. On-site photographs "2016 Highest 596";

1. Entry of a defendant in part in the third public trial records;

1. E statements;

1. A written accusation;

1. A letter of business trip;

1. Application of the location map and on-site photograph statutes;

1. Article 33 subparag. 2 of the pertinent Act concerning criminal facts, Articles 14 subparag. 2 and 14 subparag. 7 of the Preliminary Feed Management Act, Article 53 subparag. 1 and the main sentence of Article 14 subparag. 1 of the Mountainous Districts Management Act, Articles 14 subparag. 1 of the Mountainous Districts Management Act, and selection of imprisonment [the defendant’s assertion that the defendant’s administrative procedure is insufficient or illegal in relation to criminal facts as stated in the foregoing paragraph (2) falls under the site of the so-called law, and cannot

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 62 (1) of the Criminal Act on the Suspension of Execution (including the fact that a disposition is taken to the head of a sacrife in a non-heating state, the fact that the cutting part of the ground has been restored to its original state by administrative vicarious execution, and the fact that there is no record of the same crime);