A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person who installs and operates a livestock excreta waste-generating facility with permission shall discharge livestock excreta, manure, or liquid manure in the course of performing his/her duties into public waters or commit any act likely to discharge livestock excreta, manure, or liquid manure into public waters

Nevertheless, the Defendant, who is engaged in the actual operation and management of a facility for raising livestock excreta of a size of 2,295 square meters in Jung-Eup, a facility for raising livestock excreta in the 2,00 square meters in Jung-Eup, was engaged in the business of operating and managing the facility, and, on May 19, 2016, carried livestock excreta in a storage facility in the said swine breeding facility using pumps and ices. In such a case, the Defendant neglected to check thoroughly the operation of each facility related to the said facility in advance in order to ensure that livestock excreta does not flow out to the outside, while neglecting the duty of care to repair the facility in advance, due to internal pressure in the process of combating livestock excreta as above, discharged high-concentration livestock excreta into public waters and into rivers.

Summary of Evidence

1. Defendant's legal statement;

1. A business trip report;

1. A permit to install livestock excreta discharge facilities;

1. Results of effluent test;

1. Application of the photographic Acts and subordinate statutes;

1. Article 50 of the Act on the Management and Use of Relevant Acts and Articles 50 subparagraph 6 and 10 (1) of the Act on the Selection of Livestock Excreta concerning facts constituting a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc. is that the defendant has been punished several times, including the suspension of execution for the same kind of crime, and that large amount of livestock excreta inflows into a river, etc. due to the management of discharge facilities is not considerable damage to water pollution, etc., which are disadvantageous to the defendant, such as the conditions for sentencing unfavorable to the defendant, the defendant's perception of the crime, and the defendant'