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(영문) 수원지방법원 안산지원 2019.01.24 2018고단4064

물환경보전법위반

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1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of building C and corporation B in heading D, and Defendant B is a corporation established on September 8, 1987 for the purpose of manufacturing and selling heat tanks, which have been heat exchangeed.

1. Defendant A

(a) A person who intends to install facilities discharging wastewater containing specific substances harmful to water quality exceeding a certain level, shall obtain permission from the Minister of Environment;

Nevertheless, from December 2007 to March 20, 2018, the Defendant installed wastewater discharge facilities (wastewater storage tank 6 tons) with wastewater containing cu 0.245mg/L, which are specific substances harmful to water quality generated in the course of washing metal tanks and storage containers, without obtaining permission from the Minister of Environment.

Accordingly, the defendant installed wastewater discharge facilities without permission of the Minister of Environment, and used them.

(b) No one shall leak or leak specific substances harmful to water quality into public waters, without good cause;

From January 2018 to March 20, 2018, the Defendant: (a) instructed the place of business from around January 2018 to around March 20, 2018 to dispose of wastewater containing Guide (Cu, 0.245 g/L) and lead (Pb, 0.09 g/L) that is a specific substance harmful to water quality into an excellent hole in the place of business; and (b) let the Defendant flow out the wastewater by allowing the sum of 235 g of wastewater to flow into a military base, which

2. Defendant B, a representative of the Defendant, committed the same offense as that set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a written confirmation of each detection;

1. Each report on investigation;

1. Test results;

1. Application of each statute on photographs;

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

A. Defendant A: Articles 75 subparag. 1 and 33(1) of the Water Environment Conservation Act (the installation of unauthorized emission facilities), Articles 77 and 15(1)1 of the Water Environment Conservation Act (the occupation of discharging specific substances harmful to water quality), and choice of imprisonment.