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(영문) 대구지방법원 서부지원 2020.02.05 2019고단2336
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who, around July 8, 1996, operates a swine breeding facility under the trade name of “I” with permission to install livestock excreta discharge facilities of 1,85.44 square meters in Gyeongbuk-gun, Daejeon, D, E, F, G, and H.

Where the area of a swine breeding facility is at least 1,00 square meters, permission for the installation of emission facilities shall be obtained, and where a person who has obtained permission for the installation of emission facilities increases by at least 50/100 of the increased aggregate of the emission facilities after obtaining permission therefor, or where the location of emission facilities is changed, permission for

The Defendant filed an application for permission to alter livestock excreta discharge facilities from October 14, 2009 to February 26, 2016, with the size of discharging facilities extended to 3,420.27 square meters. Around October 6, 2015, the Defendant: (a) constructed a 673.81 square meter in a livestock breeding room in J and H, the neighboring area; and (b) completed a report on the construction of a temporary building; and (c) subsequently, on June 20, 2016, filed an application for permission to alter livestock excreta discharge facilities on the ground that “the extension of a livestock raising room on the J and H ground” was subject to the restriction prescribed by the Ordinance on Restriction on Livestock Raising in the Aged-gun around June 28, 2016; and (d) accordingly, (e) filed a request for revocation of permission; and (e) was dismissed from the appellate court on June 21, 2016.

Nevertheless, around December 3, 2018, the Defendant raised 1,00 pigs from G, H, and H-based livestock raising room 440.55 square meters, and changed the location of the discharge facilities. Since the increase in the size of the discharge facilities became more than 1,975.38 square meters, the Defendant raised livestock using the discharge facilities without obtaining permission for the change of the discharge facilities.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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