Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person who has obtained permission to install facilities discharging livestock excreta shall flow livestock excreta, manure, or liquid manure into public waters by negligence in the course of performing his/her duties.

On December 23, 1996, the Defendant, a person operating a “F farm” in Chuncheon City E with permission to install facilities discharging foul waste, has a duty of care to prevent the outflow of foul waste in cases of treatment of foul waste through permitted discharge facilities, and of cleaning septic tanks.

Nevertheless, the Defendant neglected this, while cleaning a septic tank in which swine was stored on July 1, 2016 at a F farm on or around July 1, 2016, flow approximately two cubic meters of the foul waste into an original state, public waters. On July 21, 2016, the Defendant flow approximately 13.248 cubic meters of the foul waste into the original state, which is a public waters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, written statement of public official in charge, results of the inspection of livestock excreta, requests for the inspection of livestock wastewater quality, verification of collection of samples, copies of confirmation of the transportation of livestock excreta, on-site photographs, and permits for installing

1. Article 50 and Articles 6 and 10 (1) of the Act on the Management and Use of Excreta for the facts constituting an offense, and Articles 50 and 10 of the same Act, the selection of fines, and the selection of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished several times for the same crime. In particular, the fact that the defendant committed the instant crime even though the judgment became final and conclusive on May 10, 2016, after being sentenced to a suspended sentence of one year for six months due to the violation of the Act on the Management and Use of Excreta on April 28, 2016.

However, it is advantageous to the fact that the defendant is both aware of and against all crimes, and the amount of foul waste taken out is relatively large.