beta
(영문) 수원지방법원 평택지원 2019.01.11 2018고단878

축산법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Livestock Industry Act is a person who installs and operates livestock excreta discharge facilities in the name of “B” in Pyeongtaek-si C.

Any person who runs a livestock farming business shall obtain permission from the competent administrative agency with matters concerning the adequate number of raising livestock per unit area and the number of raising livestock prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from October 2017 to December 12 of the same year, raised approximately 38,000 square meters from 10 greenhouses in total from 1,750 square meters to 38,000 square meters in a mountain village. From December 13, 2017 to January 19, 2018, the Defendant engaged in livestock farming business by raising approximately 30,000 square meters in total from 1,155 square meters in a plastic house at the same place.

2. The Defendant in violation of the Act on the Management and Use of Livestock Excreta related to B and D is a person who installs and operates livestock excreta discharge facilities in the trade name “D” in Pyeongtaek-si C, and installs and operates livestock excreta discharge facilities in the trade name “D” in E.

A person who intends to install or install or operate a waste-generating facility of a size exceeding that prescribed by Presidential Decree (200m2 or more but less than 3,000m2) shall report to the Mayor, etc., as prescribed by Ordinance of the Ministry of Environment

Nevertheless, the Defendant, without filing a report from October 2017 to December 2, 2012 of the same year, installed 10 square meters of livestock waste discharge facilities in the aggregate of 1,750 square meters from the above “B” to raise 38,000 chums (culin in mountain). From June 2017 to January 23, 2018, he raised 16,000 hums (culin in mountain) livestock discharge facilities in the above “D” by installing livestock discharge facilities in the aggregate of 7,00 square meters of 2,90 square meters from the above “D” and raising 16,000 hums (culin in mountain sea).

3. The Defendant in violation of the Livestock Industry Act is a person who installs and operates livestock excreta discharge facilities in the trade name “D” in Pyeongtaek-si E.

Any person who runs a livestock farming business shall be equipped with facilities, equipment and unit area prescribed by Presidential Decree.

참조조문