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(영문) 전주지방법원 2015.05.27 2015고정226
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a chickens in the name of “D” without obtaining a report on the installation of livestock excreta discharge facilities from the land outside C in Kim Jong-si and three lots.

Any person who intends to install emission facilities exceeding the scale prescribed by Presidential Decree shall prepare a plan for the installation of emission facilities and report it to the Mayor.

Nevertheless, around 17:55 on July 15, 2014, the Defendant illegally operated 3,465 square meters of emission facilities (chilling facilities) which did not obtain a report at the time of inspection of the above chickens emission facilities.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on outcomes of violations of the Act on the Management and Use of Livestock Excreta, verification of violations, and application of statutes on sites of photography;

1. Article 17 of the Addenda to the relevant Act on the Management and Use of Livestock Excreta that is subject to criminal facts and Article 50 subparagraph 3 of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 12516, Mar. 24, 2014) and Article 11 (3) of the same Act (amended by Act No. 12516, Mar. 24, 2014);

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects his mistake while committing the instant crime, the defendant has no record of criminal punishment for the same kind of crime, and the defendant's age, character and conduct, environment, motive and background leading to the instant crime, means, methods and results, and the circumstances before and after the instant crime, etc. shall be comprehensively taken into account, and all the conditions of sentencing as indicated in the instant records and arguments shall be determined as ordered.

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