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(영문) 창원지방법원 마산지원 2018.08.08 2017고정47

하수도법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a C company of a food treatment plant manufacturer in the first floor underground of the building in Changwon-si, Masan-si B.

No pulverization of food wastes, etc. generated from a kitchen shall be sold or used for kitchen garbage emitting them together with wastewater.

Nevertheless, from August 2015 to September 18, 2015, the Defendant manufactured approximately 20 garbage pulvers for kitchen use at the place of the pertinent C company, and sold them to the seller of garbage pulvers for kitchen use, which is operated D.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. G statements;

1. Confirmation of violation, application of Acts and subordinate statutes to photographs;

1. Article 76 of the Act applicable to the relevant facts constituting an offense and Articles 76 subparagraph 2 and 33 (1) of the Act (opportune selection);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on a motion for adjudication on the unconstitutionality of Article 334(1) of the Criminal Procedure Act

1. The Minister of Environment may prohibit or restrict the sale or use of a specific industrial product if it is determined that the quality of sewage significantly deteriorates the quality of sewage due to the use of the specific industrial product;

In any case, it is unclear to determine that the quality of sewage is significantly aggravated, so the above provision goes against the principle of clarity derived from the principle of statutoryism, and the public notice of the Minister of Environment that prohibits the sale and use of the garbage crushing machine for the main purpose based on this provision is in violation of the Constitution by infringing on the freedom of occupation selection, the right to pursue happiness, etc.

2. Determination

(a)the principle of clarity, derived from the principle of clarity in the crime of violation of the principle of clarity, can be predicted by anyone who is an act intended to punish law and what punishment is, and accordingly,.