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(영문) 대구지방법원 김천지원 2015.02.12 2014고단1412

수질및수생태계보전에관한법률위반

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person in charge of water quality maintenance, management, and automatic water quality measuring devices (Tms) management in Da located in the Gu and America.

Any business operator running measuring instruments, etc. shall be prohibited from performing any act of preventing normal measurement when operating measuring instruments.

Nevertheless, as the water pollution level of discharged water has risen from July 14, 2014 to 11:15:36 on the same day, the Defendant arbitrarily changed the melter of the water quality measuring instruments T-P (total person) installed within the above D from 1 to 0.75 times to 18 times in total, so as to reduce the water pollution level of discharged water.

Summary of Evidence

1. Defendant's legal statement;

1. A written verification of violation of E, and F statements;

1. Application of the Acts and subordinate statutes concerning photographs and sample analysis in violation of the environmental statutes;

1. The act of a defendant, who is under the responsibility to accurately inform the risks of water quality selection of fines to society, of the relevant criminal facts, and Article 76 subparagraph 5 of the Act on the Selection of Punishment, Water Quality and Ecosystem Conservation, and Article 38-3 (1) 1 of the Act on the Protection of Water Quality, and operation of measuring instruments for the benefit of the organization to which he belongs, is not likely to vindicate. Thus, the act of the defendant's act of operating measuring instruments by entering above the windows for the benefit of the organization to which he belongs is not likely to cause the result of concealing the problems, such as the shortage of water quality storage batteries which the defendant himself complained of as the difficulty in maintaining water quality, the lack of water quality, the toxicity of factories in the weekend of the weekend, and the emission of bad waste water, even at a level of booming the same kind of duties, it is necessary to punish the person in charge of the same kind of duties. However, even if it is necessary to do so, even at a certain level, it seems that he committed a crime by shocking the responsibility.