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(영문) 창원지방법원 통영지원 2014.10.22 2014고단764
가축분뇨의관리및이용에관한법률위반
Text

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 obtained permission for installation of a swine breeding facility, which is a livestock excreta discharging facility, in the area of 792 square meters on the land of Gyeongnam-gun, Chungcheongnam-do around August 29, 198.

Where a person who has obtained permission for emission facilities intends to increase the size of emission facilities by at least 50 percent, he/she shall obtain permission for the change from the head of Si/Gun/Gu, and shall not raise livestock using emission facilities without obtaining such permission for change.

Nevertheless, from around 2002 to around 2008, the Defendant, without obtaining permission for change on the above land, additionally installed seven pigs with a total size of 1,037.73 square meters, raising pigs from that time until May 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a violator of the Act on the Management and Use of Livestock Excreta, a written accusation, a written accusation, a written statement of accusation, a written permit for installation of a certified livestock excreta discharge facility, an application for permission for alteration of the discharge facilities of livestock wastewater, a detailed statement of prevention facilities of livestock wastewater discharge facilities, a general building

1. Article 49 applicable to facts constituting a crime and the latter part of subparagraph 1 of Article 49 and the former part of Article 11 (2) of the Act on the Management and Use of Livestock Excreta Selection of Punishment or Imprisonment with labor;

1. It is disadvantageous to the fact that the defendant had been punished for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act, on the other hand, that the defendant led to confession and reflects the crime of this case, that has not been restored to the original state until now, but has not been imposed a penalty surcharge or a non-performance penalty of 11 million won by an administrative agency, and that the money of this case has been disposed of and is expected to discontinue the money business, and other circumstances that are the conditions of sentencing indicated in the records of this case, including the defendant's age, character and behavior, family relationship, family environment, means of crime, and circumstances after crime.

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