The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Article 50 subparagraph 3 of the Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014; hereinafter “instant amended Act”) was amended to punish not only those who did not report waste-generating facilities but also those who raise livestock by using non-reported waste-generating facilities, in order to punish continuous use of livestock raising by using unauthorized or non-reported waste-generating facilities.

Therefore, as long as the defendant raised livestock using unauthorized or unreported discharge facilities after the amendment of this case, the court below found the defendant not guilty, by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. Article 50 subparagraph 3 of the Act on the Management and Use of Livestock Excreta (hereinafter “Act on the Management and Use of Livestock Excreta”) provides that “A person who installs a waste-generating facility without filing a report in violation of Article 11(3) or after filing a report by fraudulent or other illegal means.” Article 11(3) of the same Act provides that “A person who intends to install a waste-generating facility exceeding the scale prescribed by Presidential Decree, among discharge facilities not subject to permission under paragraph (1), shall report to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment.” The same shall also apply to cases where he/she intends to modify the reported matters. A person subject to reporting under subparagraph 3 of Article 50 and Article 11(3) of the same Act refers to a person who intends to install a waste-generating facility above the scale prescribed by Presidential Decree or to modify the reported matters.” If a person who installed a waste-generating facility is not subject to reporting at the time of the installation of the facility