The summary of violation of the School Health Act among the facts charged in the instant case is that anyone is prohibited from discharging livestock wastewater in school environmental sanitation and cleanup zone, but the Defendant installed an original breeding facility, which is a livestock wastewater discharge facility, on November 19, 2010, on the 104m from the boundary line of the O elementary school around the 104m radius from the O elementary school.

The court below affirmed the judgment of the court below on the ground that it was not acceptable to find the defendant not guilty on the ground that the defendant's interpretation of the facts charged that the defendant installed the original breeding facility on November 19, 2010 to the purport that it was not permissible to sentence the defendant's exercise of his right of defense on the ground that the defendant's act of installing the original breeding facility was nothing more than 10 days after issuance of a summary order on November 19, 2010, and that the defendant did not install the original breeding facility on November 19, 2010, and that the defendant installed the original breeding facility on November 19, 2010 and the defendant's act of operating the original breeding using the original breeding facility was completely different from the method of crime.

However, the above determination by the court below is difficult to accept for the following reasons.

Article 6 (1) of the School Health Act shall not be allowed to conduct acts and facilities falling under any of the following subparagraphs in school environmental sanitation and cleanup zones: