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(영문) 창원지방법원 밀양지원 2015.02.12 2014고정203

수질및수생태계보전에관한법률위반

Text

Defendant

A Co., Ltd. shall be punished by a fine of KRW 3,00,000, and Defendant B shall be punished by a fine of KRW 2,000,00.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

B is the representative director of A Co., Ltd., and the defendant A Co., Ltd is the general waste recycling company.

Such wastewater discharge facilities shall not discharge wastewater without flowing it into prevention facilities by normally operating the wastewater purification facilities.

Nevertheless,

(a) Defendant B, at around 16:00 on May 21, 2014, clean the paper for livestock, feed, vinyl, which is a waste, does not flow the wastewater generated from the washing facilities and sloping facilities into the preventive facilities, and does not discharge the wastewater without permission outside the factory in a state where the connection is separated; and

B. Defendant A Co., Ltd. committed the same act as that of the preceding paragraph with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. Each report on investigation;

1. A written accusation;

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant B: Article 76 Subparag. 3 and Article 38(1)1 of the Water Quality and Aquatic Ecosystem Conservation Act; selection of fines

(b) Defendant A stock company: Articles 81, 76 subparag. 3, and 38(1)1 of the Water Quality and Aquatic Ecosystem Conservation Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act