가축분뇨의관리및이용에관한법률위반
The prosecutor's appeal is dismissed.
1. Although there is room to interpret that the facts charged in the instant case constitute “in cases where livestock were raised by using emission facilities installed without reporting,” it is possible to punish the Defendant, the judgment of the court below which acquitted the Defendant, is erroneous in the misapprehension of legal principles.
2. Determination
(a) A person who intends to install emission facilities in excess of the size prescribed by Presidential Decree among the summary of the facts charged in this case shall file a report thereon with the head of the Si;
Nevertheless, from September 28, 2008 to March 11, 2015, the Defendant installed approximately 144 square meters of a bit for raising livestock excreta on seven lots outside Chungcheongnam-gun, Chungcheongnam-gun, and raised approximately 150 mixs, but did not report the installation of livestock excreta discharge facilities.
B. The lower court acquitted the Defendant of the instant charges on the following grounds.
1) The former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (repealed by Article 2 of the Addenda to the Sewerage Act, Act No. 8014, Sept. 27, 2006) did not have a provision on open raising facilities in relation to the report on the installation of livestock wastewater discharge facilities. The Act on the Management and Use of Livestock Excreta under Act No. 8010, Sept. 27, 2006 (hereinafter “the Livestock Excreta Act”).
)The livestock excreta was enacted (this livestock excreta law was enforced after one year from the date of its promulgation.
With the enactment of the Enforcement Decree of the Livestock Excreta Act by Presidential Decree No. 20290 on September 27, 2007, “a dog breeding facility with an area of at least 60 square meters” was set as a discharge facility subject to reporting.
Article 50 subparagraph 3 of the Livestock Excreta Act and Article 11 (3) of the same Act refer to a person who intends to install a waste-generating facility in excess of the scale prescribed by Presidential Decree, or a person who intends to change the reported matters, and if the person who installed the waste-generating facility was not subject to reporting at the time of installation, the person becomes subject to reporting pursuant to the amendment of statutes thereafter.