However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

The defendant is a person who has obtained permission to install excreta emission facilities in Kim Jong-si, and raises pigs from livestock pens.

A person who has obtained permission to install excreta discharging facilities of livestock has a duty of care not to bring livestock excreta, manure, or liquid manure into public waters due to the leakage or removal of livestock excreta, manure, or liquid manure, etc.

Nevertheless, on July 31, 2017, the Defendant, despite the duty of care to repair the amount of the livestock shed in a non-storage tank and prevent the outflow of manure and liquid manure, was discharged into a nearby small river, a public water area, by making it excessive to more than three tons of foul waste, which is mixed with rainwater due to occupational negligence not timely repaired or managed.

Summary of Evidence

1. Statement by the defendant in court;

1. A permit to install facilities discharging livestock excreta;

1. Application of statutes on field photographs;

1. Subparagraph 6 of Article 50 and Article 10 (1) of the Act on the Management and Use of Excreta in connection with the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant was aware that, in four months after the Defendant committed the same kind of crime due to the collapse of livestock shed facilities due to aging, livestock excreta could be leaked due to excellent inflows caused by the aging of a large-scale non-storage tank facility, he only sent livestock excreta into a public water zone. As such, the Defendant is punished by imprisonment with prison labor on the ground that the volume of livestock inflows are not large and the degree of violation of the duty of care is not minor.

However, there have been difficulties in taking fundamental measures, such as remodeling of facilities or full-scale repair, due to civil petitions filed by neighboring residents, and some favorable circumstances such as accepting the amount of non-storage aid after the instant case, recognizing and opposing the Defendant’s mistake, and having no record of criminal punishment other than a fine imposed once due to the aforementioned previous crime.