가축분뇨의관리및이용에관한법률위반
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
A person who intends to install, install or operate a waste-generating facility in excess of the scale prescribed by Presidential Decree (in cases of at least two facilities, at least one square meter in total) among discharging facilities under the Act on the Management and Use of Livestock Excreta shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment
Nevertheless, the Defendant did not report to the Namyang-si market, and installed without permission on October 29, 2019 the opening of 40 square meters of emission facilities, 84 square meters of size, 40 square meters of discharge facilities.
Accordingly, the Defendant installed emission facilities of a size of 1.09 square meters on the output values without reporting.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes governing field pictures of illegal acts;
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 (1) 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 of the provisional payment order requires a strict punishment by committing the instant crime even though the Defendant had the record of a similar crime. However, some favorable circumstances are recognized, such as the Defendant’s confession of the instant crime, the fact that there was no criminal conviction heavier than the fine since 2000, and the fact that there were circumstances to be considered in economic form. In addition, the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, circumstances after the crime, the prosecutor’s punishment is determined as ordered in consideration of all the factors of sentencing as shown in the argument of the instant case, such as the following: