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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates a farm in which pigs are raised under the trade name of “C” in Yangju-si.
A person who intends to operate a swine breeding facility with a size of at least 50 square meters and less than 1,000 square meters shall file a report on the installation of a waste-generating facility with the competent authority pursuant to Acts on the management and use of livestock excreta
Nevertheless, from November 20, 2012 to April 23, 2020, the Defendant installed a swine breeding facility with a size of approximately 304 square meters and operated a swine breeding farm without reporting the installation of a livestock excreta discharge facility in the said “C” from around November 20, 2012 to April 23, 202.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Written statements of D;
1. A written accusation;
1. Application of statutes on site photographs and permits for livestock farming business;
1. Article 50 of the Act on the Establishment of Relevant Acts and the Management and Use of Livestock Excreta selected for the crimes and Articles 50 and 11 (3) of the Act on the Management and Use of Livestock Excreta;
1. The defendant's reason for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the defendant among the reasons for the suspended sentence) even though he/she had been punished twice as a fine for the same kind of crime, the fact that the defendant again committed the instant crime is disadvantageous to the defendant.
Considering favorable circumstances, such as the fact that the defendant recognized his mistake and seriously reflects on the fact that the defendant shipped all pigs, and that he is making specific efforts to close the livestock shed of this case after shipping them, the punishment as ordered shall be determined by taking into account the following factors: the defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and method of the crime, details and result of the crime, etc., and the conditions of the sentencing indicated in the records, such as circumstances after the crime.