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(영문) 의정부지방법원 2014.11.19 2014고단1205

수질및수생태계보전에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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

No one shall install emission facilities or operate any business using emission facilities without filing a report with the Minister of Environment or filing a false report.

Nevertheless, from July 3, 2013 to December 26, 2013, the Defendant installed non-metallic mineral mining facilities (facilities washing soil using water in the screening machine) which are emission facilities without reporting to the Minister of Environment at the “C” place of business operated by the Defendant in Nam-si, Nam-si.

Accordingly, the Defendant installed emission facilities without reporting to the Minister of Environment, and used them.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. Application of the business registration certificate and statutes governing field mining examinations;

1. Article 76 subparag. 1-2 of the Act on the Conservation of Water Quality and Aquatic Ecosystem (Amended by Act No. 11979, Jul. 30, 2013); Articles 33(1) and 76 subparag. 1-2 of the Act on the Protection of Water Quality and Aquatic Ecosystem for the Prevention of Criminal Facts;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The criminal history of the same kind of fine, the favorable circumstances for the operating period: The reflection of his/her mistake, or the absence of any record of the suspended execution or higher

It is so decided as per Disposition by reason above.