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A defendant shall be punished by imprisonment for six months.
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.
Reasons
Punishment of the crime
The defendant is a person who operates a C farm in Asan City B and raises pigs.
1. On September 29, 2017, the Defendant, who inflows livestock excreta public waters, installed and operated a swine breeding facility in the said C farm without obtaining permission from the head of the relevant AP farm, thereby allowing the above underground water to flow into the said farm excreta storage plant by occupational negligence, which did not properly manage pipelines installed to attract groundwater to use as drinking water of pigs.
The excreta has been discharged into a neighboring river, which is a public water area.
2. Where a person who fails to comply with an order to take measures is ordered by the head of a Si/Gun/Gu to take measures necessary for the prevention of environmental pollution, such as changing the method of storage of livestock excreta or collecting livestock excreta, because the public waters are polluted or are likely to be polluted due to the foul waste leaked by the head of the
Nevertheless, Defendant 1, like the foregoing paragraph 1, has caused livestock excreta to a public water area from the Asan Market on August 28, 2017, for the act of discharging livestock excreta to a public water area.
9.6. An order issued to take measures to improve it until the date of such order;
9. Around 20.20. Around October 13, 2006, an order to take measures was issued to comply with the above improvement obligation, but did not comply with each of the above orders.
Summary of Evidence
1. Statement by the defendant in court;
1. Requests for accusation against each environmental-related law offender, reports on the detection, and written confirmation;
1. On-site photographs;
1. Orders for measures;
1. Application of Acts and subordinate statutes to each business trip result (report on the results of checking the implementation of an improvement order);
1. Relevant Article 50 of the Act on the Management and Use of Excreta, Articles 50 subparagraph 3 of the same Article, Article 10 (1) of the Act on the Management and Use of Excreta (in the event of inflow of excreta into the public waters of excreta due to occupational negligence), subparagraph 2 of Article 50 of the Act on the Management and Use of Excreta, and Articles 10 (2) of the same Act (in the event of non-compliance with an order to take measures), and choice of imprisonment with prison labor;
1. The aggravated Criminal Act for concurrent crimes.