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(영문) 대구지방법원 포항지원 2014.06.25 2014고정67
가축분뇨의관리및이용에관한법률위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. A person who intends to install a breeding facility with a size of at least 100 square meters and less than 900 square meters, which is the facts charged, shall report to the head of a Si/Gun/Gu, notwithstanding the fact that the Defendant, on September 12, 2012, installed a breeding facility with a size of at least 60 square meters in Nam-gu, Nam-gu, Si/Gun/Gu without reporting the installation of a livestock excreta discharge facility, and raises six mars by using it in a breeding facility with a size of at least 14 square meters, including the existing livestock shed (209.6., 54 square meters), which is at least 10 square meters, from the date of November 29, 20

2. The Defendant’s assertion and his defense counsel asserted that the Defendant did not report since he newly constructed a new stable of 72 square meters on September 12, 2012, and used only such a place as a stable.

3. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant, even if there is doubt of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.

B. Comprehensively taking account of the following circumstances, it is difficult to deem that the Defendant raised the lawsuit from September 12, 2012 to November 29, 2013 at a breeding facility of the 114m2 area as indicated in the instant facts charged.

1. Of the evidence that correspond to the above facts charged, the Defendant installed a 114 square meters of cattle breeding facility on June 2009 without reporting and raised the 114 square meters of cattle breeding facility on June 2013. According to the witness D’s legal statement, according to the witness D’s statement, the Defendant entered and controlled it as above according to the Defendant’s statement. However, according to the Defendant’s statement at the police, according to the police’s statement, the Defendant newly constructed one greenhouse on September 12, 2012, and moved the 6-ma lawsuit to the same day.

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