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(영문) 광주지방법원해남지원 2020.09.17 2020고단139
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who installs waste-generating facilities and raises pigs in an area equivalent to approximately KRW 7,620 square meters in the area of approximately 7,620 square meters in Jeonnam-gun B and 11 lots (C, D, E, F, G, H, I, J, K, L, and M, etc.) outside Jeonnam-gun, Jeonnam-gun, and others.

1. A person who installs and operates a facility for raising pigs of at least 1,000 square meters in an area for the installation and operation of a livestock excreta waste-generating facility without permission shall obtain permission from the head of the competent Si/Gun/Gu after preparing

Nevertheless, from around 2014 to February 28, 2020, the Defendant installed waste-generating facilities and raised approximately KRW 200 pigs by using waste-generating facilities without obtaining permission from the head of the Maritime Gun on the 11st parcel of land southnam-gun, Namnam-gun, and 11.

2. Around June 21, 2018, the Defendant was ordered to take an administrative measure against the Defendant, who failed to comply with an order to move livestock, such as livestock pens, etc., to the effect that he raising approximately 200 pigss from the land outside the west-gun, west-gun, and 11, to move livestock to another place or raising only pigs less than five to the other place after being equipped with legitimate facilities until December 31, 2018.

Nevertheless, until February 28, 2020, the Defendant continued to raise approximately 200 pigss in the above breeding ground and failed to comply with an order to take measures to relocate livestock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the N in the police station;

1. Details of the promotion and the statement of each public official;

1. Each business trip report and each photographic site;

1. Orders to take measures for movement of livestock, and requests for the application of Acts and subordinate statutes to take measures for movement of livestock in violation of the Act on the Management and Use of Livestock Excreta;

1. Article 49 subparagraph 1 of the relevant Act and subparagraph 1 of Article 11 of the Act on the Management and Use of Livestock Excreta that is subject to the option of punishment for a crime (the installation of an unauthorized discharge facility and the selection of fines), Article 50 subparagraph 1 of the Act on the Management and Use of Livestock Excreta, and Article 8 (3) of the Act on the Management and Use of Livestock Excreta;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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