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(영문) 창원지방법원 통영지원 2018.11.19 2018고정323

하수도법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for accommodation business, etc., and Defendant A is the head of F’s operational support team operated by Company B in Gyeongnam-si, Gyeongnam-si, and the person in charge of F’s affairs.

1. When the owner or manager of a private sewage treatment facility of a defendant A operates and manages the private sewage treatment facility, he/she shall not discharge wastewater from the building, etc. without flowing it into the private sewage treatment facility, or install a facility capable of discharging wastewater without flowing it into the private sewage treatment facility;

Nevertheless, from the early February 2018 to April 16:00 on April 3, 2018, the Defendant discharged wastewater generated in the course of temporarily piling the waste generated in accommodation to the next side of the individual sewage treatment facilities and washing the containers, etc., through excellent pipes without flowing it into the individual sewage treatment facilities.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation and a public official statement;

1. G statements;

1. A copy of business registration certificate and a certificate for registration;

1. Application of statutes prior to on-site verification of the F Civil Petitions;

1. Article 7 subparag. 7 of the Sewerage Act and Article 39 subparag. 1 of the same Act, Defendant A, who is selected to commit a crime (defendants): Articles 79, 77 subparag. 7, and 39(1)1 of the Sewerage Act; Articles 79, 77 subparag. 7, and 39(1)1 of the Sewerage Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334(1) of the Criminal Procedure Act