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(영문) 의정부지방법원 고양지원 2018.04.24 2018고정189
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who raises dogs and pet dogs from July 2013 to November 2017 at a farm located in the Seo-gu, Seoyang-gu, Seoyang-si.

If the area of a dog breeding facility is at least 60 square meters, it shall be reported to the head of the Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the defendant raised approximately 107 mags when he installed and operated 85 square meters in the above place without reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on site photographs, placement limits of breeding farms, and application of field photographs;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the period for which the defendant established and operated a breeding facility without reporting the discharge facilities is considerably long-term.

However, the defendant reflects his mistake in depth, and voluntarily reduced the area of the dog breeding facility after the detection of the case.

Other circumstances, such as the defendant's age, sex, criminal records, health status, living environment, and circumstances after the crime, which are the conditions for sentencing as shown in the records and arguments of this case, shall be determined as ordered in consideration of the sentence.

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