The appeal is dismissed.

The grounds of appeal are examined.

The interpretation of penal provisions shall be strict, and the interpretation of penal provisions in the direction unfavorable to the defendant is not permitted as it is in violation of the principle of no punishment without the law (see, e.g., Supreme Court en banc Decision 2001Do5410, Feb. 8, 2002; Supreme Court Decision 2003Do6535, Feb. 27, 2004). Article 50 Subparag. 3 (hereinafter “the Act”) of the Act on the Management and Use of Livestock Excreta (hereinafter “the Act”) provides that “a person who installs a waste-generating facility or raises livestock by filing a report in violation of Article 11(3) or by using a waste-generating facility by fraud or other wrongful means, and Article 11(3) of the 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, shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment.

The phrase “discharge facilities” in the instant legal provision is interpreted as “discharge facilities installed without filing a report in violation of the provisions of Article 11(3) of the Act.” In this context, if a person who installed the discharge facilities does not have the person subject to reporting under Article 11(3) of the Act at the time of the installation, even if he/she was subject to reporting pursuant to the amendment of the Act and subordinate statutes, it cannot be seen as “a person who intends to install discharge facilities” who is subject to reporting under

(see, e.g., Supreme Court Decisions 201Do2471, Jul. 14, 201; 2009Do7776, Jul. 28, 2011). Meanwhile, the instant provision provides that only those who installed emission facilities prior to the amendment by Act No. 10973, Jul. 28, 201; however, the said provision provides that only those who installed emission facilities shall be punished; however, a person who raises livestock by “use” of emission facilities by the said amendment.