Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

In Kimcheon-si, the Defendant installed and operated a swine breeding facility (a area of approximately 300 square meters) corresponding to discharging facilities in Kimcheon-si.

A person who installs, installs, or uses a swine breeding facility with a size of at least 50 square meters but less than 1,000 square meters, among emission facilities not subject to permission, shall report to the Mayor, etc., and a person who raises livestock without such report shall not make livestock excreta not treated appropriately due to negligence in the course of his/her duties flow into the public waters.

As above, the Defendant had a duty of care to prevent excreta generated from emission facilities from flowing into public waters by installing storage facilities to properly treat excreta, such as entrustment of livestock excreta, etc.

Nevertheless, the Defendant, without reporting to the Mayor, etc., raised livestock by operating the above discharge facilities, and neglected the above duty of care and caused livestock excreta generated from the above discharge facilities to flow them into public waters by allowing excreta from a nearby small river due to heavy rain, which was not properly treated due to occupational negligence while leaving the livestock excreta generated from the above discharge facilities outside on November 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written confirmation, and a written statement of field control officials;

1. Application of Acts and subordinate statutes to field control materials and reports on investigation results;

1. Selection of each fine for the crime under Article 50 subparagraph 4 of the relevant Article of the Act on the Management and Use of Excreta (the installation of facilities discharging excreta in a non-reported livestock), Article 50 subparagraph 9 of the Act on the Management and Use of Excreta, Articles 11 (3) and 10 (1) (the occupation of inflow of public waters, such as livestock excreta) of the Act on the Management and Use of Excreta, and Article 11 (3) of the same Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;