beta
(영문) 인천지방법원 2014.10.22 2014노2191

수질및수생태계보전에관한법률위반

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

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

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. (1) In the case of this case, the wastewater discharge facilities are not re-used after storing wastewater in a storage tank.

(2) The Defendants did not install each of the instant portable type equipment and washing tanks.

B. Each sentence against the Defendants on the lower court’s unreasonable sentencing is too unreasonable.

2. Determination

(a) Error of facts) The term "wastewater discharge facility regulated by the Water Quality and Ecosystem Conservation Act" means a facility, machine, apparatus or other object that discharges water-quality pollutants, and in cases of a facility that discharges wastewater containing specific substances harmful to water quality or heavy metals, the maximum volume of wastewater per day is at least 0.01 cubic meters. In such cases, the maximum volume of wastewater per day shall be calculated by aggregating wastewater discharged from all facilities of a place of business on the basis of the date on which the largest volume of wastewater is generated in the year, and shall be calculated by including all wastewater discharged from all facilities of a place of business for entrusted treatment or reuse, or wastewater treated in prevention facilities during the process of discharging wastewater; however, in cases of a single discharge process only for a single discharge process (excluding cases where wastewater is taken out for entrusted treatment, etc. because it is impossible to reuse them more), the wastewater shall be calculated by the volume of a storage facility attached to such machine or facility, not the circulation

(Article 2 subparag. 10 of the same Act and attached Table 6 subparag. 4 of the Enforcement Rule of the same Act. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendants did not leak out and reuse any wastewater containing water harmful to water quality, which is a specific substance harmful to water quality, into the circulation (so, the maximum volume of waste per day shall be calculated according to the capacity of the storage facilities attached thereto). The defendants stored two water containing two water-resistant smoke pumps and lead to the discharge out of the place of business where the wastewater is different (so, the maximum volume of waste per day is equal to the capacity).