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(영문) 수원지방법원 2017.08.24 2017고정1761
축산법위반
Text

Defendant shall be punished by a fine of one 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 raises a chickens in ignified C.

A person who intends to engage in livestock breeding business the area of which exceeds 50 square meters shall be equipped with related facilities and obtain a license for livestock breeding business from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority on April 6, 2017, installed a 350 square meters-scale breeding facility at the same place, and raised the 380 square meters-scale c. c. c. to raise livestock.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 53 of the Act applicable to facts constituting a crime, subparagraph 1 of Article 53 of the Livestock Industry Act that selects punishment, Article 22 (1) of the Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing reasons under Article 334(1) of the Criminal Procedure Act reflects the Defendant’s wrong recognition of his/her mistake, the fact that there was no record of punishment for the same kind of crime, and the fact that the stock breeding business with the size of not more than 950§³ by February 22, 2016 was not subject to a license. However, after February 23, 2016, the relevant statutes were not well-founded even though the stock breeding business with the size of not more than 50§³ of the breeding facility was changed to the area of the breeding facility subject to a license, and the fact that it seems that the stock breeding business was deemed to have been prevented from committing the instant crime, taking into comprehensive account the various circumstances, which are the conditions for sentencing specified in the record, shall be determined as per Disposition.

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