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(영문) 대구지방법원 2020.10.21 2020고정676
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person raising pigs at a livestock shed facility of 255 square meters located in Gyeongbuk-gun B. Pursuant to Article 11(3) of the Act on the Management and Use of Livestock Excreta and Article 8(2) of the Enforcement Decree of the same Act, where pigs raising pigs at a size of at least 50 square meters, the Defendant shall file a report on the installation of livestock excreta-generating facilities with the competent authority.

Nevertheless, from August 2010 to December 16, 2019, the Defendant did not file a report on the installation of livestock excreta discharge facilities while raising pigs with a size of 255 square meters at the same place.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's written statement, written statement, and field photograph;

1. Article 50 applicable to facts constituting a crime and subparagraph 4 of Article 50 and Article 11 (3) of the Act on the Management and Use of Livestock Excreta Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of all the circumstances such as the Defendant’s age, occupation, criminal records, background leading to the crime, degree and period of the violation, and circumstances after the crime, etc., the sentence identical to the order of the Defendant shall be imposed on the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

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