The appeal is dismissed.

The grounds of appeal are examined.

1. With respect to the assertion that livestock excreta does not constitute an act of discharging livestock excreta, the Act on the Management and Use of Livestock Excreta (hereinafter “Act”) aims to contribute to the development of the livestock industry in harmony with the environment, the improvement of national health, and the environmental conservation by converting livestock excreta into resources or disposing of it properly, keeping the natural and living environment clean, reducing water pollution (Article 1 of the Act); and the act of discharging livestock excreta discharged from waste-generating facilities without discharging them into a disposal facility (Article 17(1)1 of the Act, the former part of Article 17(1)1 of the Act); and the act of discharging livestock excreta discharged from a disposal facility shall be punished if the person violates Article 49 subparag. 2, Article 50 subparag. 4, and Article 51 subparag. 1, etc. of the Act (Article 49 of the Act). Meanwhile, the term “waste-generating facilities” means livestock excreta-generating facilities and other places prescribed by Ordinance of the Ministry of Environment (Article 2 subparag. 3 of the Act); and the term “waste-generating facilities or purification facilities” in this context refers to milk facilities.

(Article 2 subparag. 8 of the Act, comprehensively considering the purpose of the Act and the contents of the above provisions, “act of discharging livestock excreta” prohibited under the former part of Article 17(1)1 of the Act refers to an act of discharging livestock excreta without discharging it into a disposal facility within the discharge facility; and even in cases where livestock in a discharging facility discharges livestock excreta into a neighboring disposal facility, it shall be interpreted that the act falls under a case where livestock excreta discharged into a disposal facility without discharging it into a disposal facility.

In this regard, the court below continues to do so from the milch cowss that were raised in a livestock shed, which is a livestock excreta waste-generating facility operated by the defendant, while moving to the milch cows with drinking water.