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(영문) 의정부지방법원 2017.04.13 2016고정2643
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to install, or is in the process of installing, a breeding facility, which is an animal waste-generating facility of at least 60 square meters, shall report to the competent authority.

Nevertheless, from May 2016, the Defendant did not report to the competent authorities in Namyang-si, Namyang-si, the Defendant installed a dog raising facility, which is a 101.98 square meters of livestock excreta discharge facility, and raised 60 marins by using such discharge facility.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, written statement, written confirmation of violation, and a report on the results of a business trip;

1. On-site photographs;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 50 of the Act on the Management and Use of Excreta and Articles 50 (4) and 11 (3) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and against his mistake, and that he could have been equipped with purification tank facilities, etc. are recognized as normal conditions favorable to the defendant.

However, in light of the content and method of the crime, the legislative intent of the Act on the Management and Use of Excreta, etc., the crime of this case committed by the defendant is not less than the nature of the crime, the size of a walling breeding facility, which is an emission facility installed by the defendant, is relatively small, the crime of this case has been punished several times. The general punishment of this case is balanced in the case of the same and similar cases, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, family relations, economic circumstances, and other various circumstances that are the conditions for the punishment of this case.

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