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(영문) 대구지방법원 의성지원 2021.02.18 2021고정1

가축분뇨의관리및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

A person who intends to install, or is in the process of installing, a breeding facility with a livestock shed area of at least 100 square meters but less than 900 square meters shall file a report with the head of the competent Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment

On July 20, 2020, the Defendant raised 12 marins using a livestock breeding facility with a stable area of 189 square meters without filing a report on the installation of livestock excreta discharge facilities in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement C in written accusation of the police statement report (related to data for the hearing to close the hearing), investigation report (verification as to whether the establishment or report of the discharge facility of livestock excreta has been reported), investigation report (the confirmation of previous records, etc. related to non-compliance with the order

1. Article 50 of the Act on the Management and Use of Excreta and Articles 50 (4) and 11 (3) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's age, reflection, economic situation, and current seven maths of cattle at the time of sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that it is possible to comply with the laws and regulations pertaining to the discharge of excreta in the future and the same power (one time of penalty) as well as other factors should be taken into account.