A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 27, 2012, the Defendant is a person engaged in a livestock industry that operates a “C farm” of the size of 1,650 square meters in Gangnam-si B with permission to install livestock excreta emission facilities on July 27, 201 and raises 1,60 heads of pigs.

A person who has obtained permission from the head of a Si/Gun/Gu to install a waste-generating facility in excess of the scale prescribed by Presidential Decree shall not discharge livestock excreta flowing into a disposal facility without converting it into resources or discharge or neglect livestock excreta into a public water zone.

Nevertheless, at around 23:30 on July 8, 2017, the Defendant: (a) stored livestock excreta in a liquid manure storage tank; and (b) stored livestock excreta in a liquid manure storage tank; and (c) entered into a public water zone through neighboring ditches while the storage capacity of the liquid manure storage tank was obtained in a state where the storage capacity of the liquid manure storage tank was acquired; (b) the Defendant’s negligence in the course of business, where the liquid manure storage tank was operated without examining it properly; and (c) caused approximately one ton of livestock excreta to flow out of the liquid manure storage tank; and (d) made the livestock excreta flow into a public water zone through neighboring ditches.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on field photographs;

1. Article 50 of the Act on the Management and Use of Excreta and Articles 50 (6) and 10 (1) of the Act on the Management and Use of Excreta that has been selected as to the facts constituting an offense, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into account that there is no past record exceeding a fine and that there is a past record that the defendant has been punished twice for the same crime);