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(영문) 인천지방법원 2015.10.08 2015고단5437

수질및수생태계보전에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the operator of the printed circuit board C in Seo-gu Incheon, Seo-gu.

Any person who operates the business place or prevention facilities shall be prohibited from discharging water pollutants discharged from discharge facilities without flowing them into prevention facilities, or installing facilities capable of discharging water pollutants without flowing them into prevention facilities.

Nevertheless, from November 20, 2014 to March 23, 2015, the Defendant did not flow a total of 2.4 tons of wastewater generated from the refinery facilities, which are wastewater discharge facilities, into preventive facilities, and installed pipes connected to the septic tanks and discharged water separately.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (report on calculating the illegally discharged volume of wastewater), a criminal investigation report (related to the fact that the permissible discharge volume exceeds the permissible discharge volume);

1. The application of relevant Acts and subordinate statutes to a report on detection, a certificate of violation, a copy of the operating log of wastewater discharge facilities;

1. Article 76 of the relevant Act and Articles 76 subparagraph 3 and 38 (1) 1 of the Act on the Selection of Criminal Crimes and the Conservation of Water Quality and Aquatic Ecosystem, and Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that it causes harm to the ecosystem, such as discharging water pollutants that considerably exceed the permissible emission levels with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that it is a planned and intentional crime, the fact that there is no criminal record except for those who have no same record and are punished once by a fine, the fact that it is recognized as a crime, and the fact that it is against the defendant's age, character and conduct, environment, motive and circumstance leading to the instant crime, the circumstances after the crime, etc. shall be determined as ordered