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(영문) 대구지방법원 경주지원 2017.08.31 2017고정13
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person who installs and operates a swine breeding facility with a size of at least 1,00 square meters, which is a facility for discharging livestock excreta, shall obtain permission from the competent administrative agency, and shall not raise livestock or commission the raising of livestock using an emission facility without such permission.

Nevertheless, on December 7, 2012, from around October 25, 2016 to around October 25, 2016, the Defendant operated a breeding facility that raises pigs 1,500 heads of pigs with the trade name “D” without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a charge, a letter of confirmation, a field photograph, and a criminal investigation report (in relation to attachment of judgment on the facts constituting the same kind of crime and the temporary change of

1. Article 49 of the relevant Act and Articles 49 subparagraph 1 and 11 (1) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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