The defendant is innocent. The summary of this judgment shall be notified publicly.

The facts charged of the instant case provide that “a person who intends to install a breeding facility with an area of not less than 100§³ but less than 900§³ shall file a report on the installation of livestock excreta emission facilities with the competent administrative agency, and shall not raise livestock in an unreported emission facility. Nevertheless, the Defendant raised 20 mars in a 200 square meters livestock breeding facility with a 200 square meters capacity not reported at the time of residence on April 4, 2013.” Article 50 Subparag. 3 of the Act on the Management and Use of Livestock Excreta (hereinafter “Act”) provides that “a person who did not report in violation of Article 11(3) or installed a waste-generating facility or raises livestock by using the waste-generating facility” shall be punished, and the Prosecutor charged the instant facts charged with the purport that “a person who raises livestock by using the waste-generating facility.”

In light of the language and structure of the above penal provisions, the term “discharge facilities” as referred to in the above penal provisions means “discharge facilities installed without filing a report in violation of the provisions of paragraph (3) of Article 11 or discharge facilities installed after filing a report by false or other unlawful means in violation of the provisions of paragraph (3) of Article 11.” The phrase “the reason for amendment” as referred to in Article 10973 of the Act on July 28, 201, which introduced “a person who raises livestock by using such discharge facilities” as subject to punishment, is also explained to the purport that “a person who raises livestock by using discharge facilities installed without filing a report” as to the reason for the establishment of the above provision, and the legislative intent consistent with the interpretation of the above language and system is also stated.

Therefore, in order to apply the above provision to the defendant, the discharge facilities used by the defendant must be installed without reporting under Article 11(3) of the Act.

However, Article 11.