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(영문) 전주지방법원 남원지원 2015.05.06 2015고정16
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

From Sep. 2014 to Oct. 29, 2014, the Defendant raised 7,000 horses using a stable of a size of 2,800 square meters, which is a discharge facility that did not report the installation of livestock excreta discharge facilities in the Jeonbuk-gun C from Sep. 2014 to Oct. 29, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. A uniform;

1. Application of Acts and subordinate statutes on photographed land;

1. Article 50 Subparag. 3 and Article 11(3) of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014; hereinafter “the Livestock Excreta Act”) regarding criminal facts and Article 50 Subparag. 3 and Article 11(3) of the same Act (amended by Act No. 12516, Mar. 24, 2014; hereinafter “the Livestock Excreta Act”). The Defendant and his defense counsel asserts that the act of raising livestock by using non-reported discharge facilities does not include acts of raising livestock within the scope of punishment. However, Article 50 Subparag. 3 of the Livestock Excreta Act, the applicable provisions of the instant case, provides that “a person who installs waste discharge facilities without filing a report in violation of Article 11(3) or by filing a report in a false or other unlawful manner, or who raises livestock by using such discharge facilities, shall also be construed as having the purpose of collecting livestock excreta in a reasonable scale or more prescribed in the Act.

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