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(영문) 의정부지방법원 2017.09.28 2017고단2499

수질및수생태계보전에관한법률위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 25, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Air Quality Conservation Act at the District Court of the Republic of Korea on March 25, 2016, and was released by the revocation of detention.

1. Any person who intends to install emission facilities which are not generated in excess of the standards prescribed by Ordinance of the Ministry of Environment with specific air harmful substances in violation of the Conservation of the atmospheric environment Act shall file a report on installation;

Nevertheless, on January 3, 2017, April 12, 2017, and May 4, 2017, the Defendant used waste wood materials as fuel to the raw wood boiler which is not a waste incineration facility, without reporting on installation, while substantially operating fiber and chrops processing business D in Yangju-si, Yangju-si.

Accordingly, the Defendant did not report on the installation, but used waste-generating facilities.

2. To engage in the business of collecting, transporting, and recycling wastes in violation of the Wastes Control Act, permission from the competent authority shall be obtained;

Nevertheless, without obtaining permission from the competent authorities, the Defendant recycled waste materials, such as MDF, at the same time and place as Paragraph 1, by using waste materials as fuel for manufacturing steam in the raw wood boiler.

Accordingly, the Defendant was engaged in recycling of wastes without permission from the competent authorities.

3. No person who violates the Act on the Conservation of Water Quality and Aquatic Ecosystems shall operate any business using wastewater discharge facilities, without obtaining permission from the competent authorities;

Nevertheless, on April 12, 2017, the Defendant, without obtaining permission from the competent authority at the above place, used a fiber salt and processing facility from approximately 330 cubic meters of waste water per day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each prosecutor's statement concerning G, H, I, J, K, L, and M;

1. The police of E.