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The prosecutor's appeal is dismissed.
Reasons
1. Article 50 Subparag. 3 of the Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014; hereinafter “Revised Livestock Excreta Act”) was amended to punish not only those who failed to report waste-generating facilities, but also those who raise livestock using non-reported waste-generating facilities, to punish them.
Therefore, as long as the defendant raised livestock using an unauthorized or unreported discharge facility after the revision of the Livestock Excreta Act, the judgment of the court below which acquitted the defendant pursuant to the revised Livestock Excreta Act, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Determination
A. The gist of the facts charged is a person who installs and operates a livestock excreta discharge facility with the trade name of a C farm in Sejong Special Self-Governing City B.
A person who intends to install discharging facilities of a size (100 square meters or more and less than 900 square meters) prescribed by Presidential Decree in the case of a breeding facility shall file a report on the installation of discharging facilities to be reported with the relevant institution, along with documents, such as the detailed statement of the installation of discharging facilities. However, the Defendant did not file a report, while raising 20 livestock excreta discharge facilities using livestock excreta discharge facilities (148.78 square meters of livestock breeding facilities; hereinafter “instant discharging facilities”) from around 1995 to January 2014.
B. (1) Article 11 (Permission, etc. for Installation of Discharge Facilities) (1) of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 10973, Jul. 28, 2011; hereinafter “former Livestock Excreta Act”) (1) excluding milch cattle (excluding milch cattle) larger than the size prescribed by Presidential Decree.
Breeding facilities: Not less than 900§³: Provided, That it shall be not less than 450§³ in a special measures area for the preservation of water quality.
any person who intends to establish a section.