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(영문) 광주지방법원 2021.01.13 2020고정957
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

The defendant is a person who establishes and operates a breeding facility.

A person who intends to install, or is installing, a breeding facility with a size of at least 60 square meters shall file a report on the installation of a facility for discharging excreta with the competent administrative agency, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, between January 20, 2020 and June 11, 2020, the Defendant installed and operated a 129.1mm2, a livestock excreta-generating facility, at the place of business where the suspect in Nam-gu, Nam-gu, Gwangju, was operated, and did not report the installation of a livestock excreta-generating facility to the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official's statement;

1. A report on the results of a business trip;

1. Application of statutes on site photographs;

1. Article 50 of the relevant Act on the Management and Use of Excreta which is the option of punishment and Articles 50 and 11 (3) of the Act on the Management and Use of Excreta which is the option of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order removed a breeding facility by the Defendant, and the health of the Defendant is recognized as not good, but the Defendant had the record of punishment for the same kind of crime in the year 2019, the establishment and operation of the instant breeding facility, and the circumstances after the instant crime, etc., in light of the foregoing, a summary order’s punishment is not excessive, and thus, the same as the written order is determined.

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