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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who raises horses by leasing “D” in Briju City C.
In order to raise horses of emission facilities of a size of at least 900 square meters, the head of the competent Si/Gun/Gu shall obtain permission for the installation of emission facilities from the head of the Gu.
Nevertheless, the Defendant raised horses using emission facilities that were not permitted from October 5, 2013 to June 3, 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Written accusation of the Ghana market;
1. Each report on investigation;
1. Application of the Acts and subordinate statutes to the inquiry inquiry report;
1. Article 49 of the relevant Act on Criminal facts and subparagraph 1 of Article 49 of the Act on the Management and Use of Livestock Excreta Selection of Punishment and Article 11 (1) of the same Act;
1. The defendant's assertion and judgment on Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse
1. The main intent of the assertion is to interpret the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”). As such, the horse playgrounds cannot be seen as discharging facilities under the Livestock Excreta Act. There is only a stable with a size of 255 square meters in size on four lots outside the Baju-si, Naju-si, a manager of 180.7 square meters in size, and a stable with a size of 390 square meters in size.
Ultimately, the total area of discharging facilities is merely 825m2.7m2, and D is merely an emission facility subject to reporting, but does not constitute an emission facility subject to permission.
In addition, even if they are subject to permission, permission for installation under the Livestock Excreta Act is also granted due to construction permission or business registration obtained while constructing each of the above buildings. Thus, the defendant is not raising livestock using an unauthorized emission facility.
2. Determination
(a) As to whether a horse playground is included in emission facilities under the Livestock Excreta Act, "waste-generating facilities" in subparagraph 3 of Article 2 of the Livestock Excreta Act shall be construed as facilities and places that produce livestock excreta in the course of raising livestock, such as livestock pens, playgrounds, and other places;