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red_flag_2(영문) 창원지방법원 2015.1.23.선고 2014고정255 판결

수질및수생태계보전에관한법률위반

Cases

2014 Highest 255 Violation of the Water Quality and Ecosystem Conservation Act

Defendant

1. A;

2. B stock company:

Prosecutor

The grandchildren, the largest preference, and the public trial

Defense Counsel

Attorney C (for the defendant)

Imposition of Judgment

January 23, 2015

Text

Defendants shall be punished by a fine of KRW 5,000,000. When Defendant A fails to pay the said fine, the above Defendants shall be confined in the workhouse for a period calculated by converting the said fine of KRW 50,000 to one day.

Each of the above fines shall be ordered to pay an amount equivalent to the above fines to the Defendants.

Reasons

Criminal facts

Defendant A is a person who operates the Industrial Machinery Manufacturing Co., Ltd. in Kim Sea-si D.

1. Defendant A

The Defendant, without obtaining permission from the competent authority from January 201, 2013 to November 25, 2013, installed manufacturing facilities for metal processed products with a maximum amount of 27m wastewater per day, including the supply of water which is a specific substance harmful to water quality, and operated them using such facilities.

2. Defendant B corporation

At the date, time and place specified in paragraph (1), A, the representative director of the defendant company, committed a violation as prescribed in paragraph (1) in relation to the defendant's business.

Summary of Evidence

1. The defendant A's partial statement

1. A public official's statement;

1. Water quality inspection report;

1. Photographs;

1. Certificate of truth in the matters to be registered;

1. Each report on investigation;

Application of Statutes

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

A. Defendant A: Article 75 Subparag. 1 and Article 33(1)(b) of the former Water Quality and Aquatic Ecosystem Conservation Act (Amended by Act No. 12519, Mar. 24, 2014; hereinafter the same shall apply). Defendant B stock company: Articles 81, 75 Subparag. 1 and 33(1) of the former Water Quality and Aquatic Ecosystem Conservation Act

2. Detention in a workhouse;

Articles 70 and 69(2) (Defendant A) of the Criminal Act

3. Order of provisional payment; and

Article 334(1) of the Criminal Procedure Act

Judges

Judges Kim Gung-sung