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(영문) 창원지방법원 2017.04.21 2016고단1207
가축분뇨의관리및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to install, or is in the installation or operation of, a swine breeding facility with a size of at least 1,207 square meters of 201,00 square meters, shall obtain permission from the competent authority after preparing a plan for the installation of emission facilities.

Nevertheless, from January 12, 2016 to March 21, 2016, the Defendant raised approximately KRW 3,500 pigs using swine breeding facilities on the aggregate of 3,166.69 square meters, installed without obtaining permission from the competent authorities, from Kimhae-si from January 12, 2016 to March 21, 2016.

"2016 Highest 3935"

1. The Defendant, a development-restricted zone, constructed one Dong with a steel pipe structure compost of 300 square meters around April 2014, one 18 square meters in a prefabricated-type panel structure resting room around around April 2015, and one 6.21 square meters in a prefabricated-type panel structure around March 2016.

2. On April 1, 2016, the Defendant, who failed to comply with the corrective order, issued a corrective order to restore the illegal act described in the foregoing paragraph 1 from the Kimhae market to its original state from May 2, 2016 at the Defendant’s residence located in the Gangseo-gu Busan Metropolitan City, Busan Metropolitan City to its original state. On May 10, 2016, the Defendant failed to comply with the corrective order issued from the Kimhae market to restore the illegal act described in the foregoing paragraph 1 from its original state to its original state on June 7, 2016.

Summary of Evidence

"2016 Highest 1207"

1. Statement by the defendant in court;

1. A written statement of I;

1. A letter of business trip, and current status map;

1. Business registration certificate;

1. On-site photographs "2016 Highest 3935";

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Notification of a voluntary order for restoration of original state by unlawful acts committed in a development restriction zone, and notification of a demand for the implementation of a voluntary order for restoration of original state by unlawful acts committed within the restriction zone;

1. Application of aerial photography, location map of offenses, and on-site photographs statutes;

1. Relevant Article of the Act on the Management and Use of Excreta and Articles 49 subparag. 1 and 11 subparag. 1 (the point of raising livestock using unauthorized discharge facilities) concerning facts constituting an offense, and the designation and management of development-restricted areas.

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