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(영문) 창원지방법원 진주지원 2013.10.10 2013고단974

수질및수생태계보전에관한법률위반

Text

Defendant

A shall be punished by a fine of 3,000,000 won for a limited partnership company of the defendant corporation B in six months of imprisonment.

(b).

Reasons

Punishment of the crime

1. A person who intends to install a wastewater discharge facility of a defendant shall obtain permission from or file a report to the competent authority;

Nevertheless, the Defendant, without filing a report from January 201 to July 16, 2013, installed non-metallic mineral mining facilities (one unit in 30 cubic meters/day), transportation equipment repair and washing facilities (2 cubic meters/day, one unit in 20 cubic meters/day), which are emission facilities, at the places of business of a limited partnership company operated by the Defendant from August 201 to July 2013.

2. Defendant B Limited Partnership Company Defendant A, the representative of the Defendant, committed a violation as prescribed in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of violation;

1. Confirmation of collection of samples, business registration certificate, request for inspection of water pollution level, record of collection of samples, replys to the results of inspection of wastewater, and each photograph;

1. Application of Acts and subordinate statutes to investigative reports (verification of the fact that wastewater discharge limits exceed the permissible discharge limits);

1. Article 76 subparag. 1-2 of the Water Quality and A: Articles 76 and 33(1) of the Water Quality and Ecosystem Conservation Act (elective of fines): Defendant B limited partnership company: Articles 81, 76 subparag. 1-2 and 33(1) of the Water Quality and Ecosystem Conservation Act;

1. Defendant A who has been under the suspension of execution: Article 62 (1) of the Criminal Act ( normal consideration of the fact that the installation of wastewater discharge facilities has been completed after detection);

1. Defendant B limited partnership company: Article 334 (1) of the Criminal Procedure Act;