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(영문) 춘천지방법원 2016.04.05 2016고정45

하수도법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a camping site in the name of "C" in Hongcheon-gun B.

A person who installs a building, facility, etc. discharging sewage shall, alone or jointly, install a private sewage treatment facility.

Nevertheless, at around 13:50 on August 11, 2015, the Defendant operated the above camping site (a total of 1,653 square meters, 10 square meters), and discharged wastewater from the shower 2 Dong 2-dong 2-dong 2 without installing sewage treatment facilities (a non-establishment of a private sewage treatment facility) into a neighboring river (a non-establishment of a private sewage treatment facility).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes reporting criminal place

1. Relevant Article 76 of the Act and the main sentence of Article 34 (1) of the Act and the selection of fines concerning facts constituting an offense;

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

1. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have been against the Defendant’s wrong recognition of the facts leading to the instant crime, such as the fact that the Defendant appears to have partly taken account of the circumstances leading to the instant crime, the Defendant endeavored to recover damage, such as removing the facility at issue, and the Defendant has no specific criminal history other than twice before and after the penalty is imposed.

However, in full view of the following: (a) the area of the camping site and shower box operated by the Defendant is considerably wide; (b) the offense in this case appears to have caused considerable damage to water quality and environment; (c) the equity in the punishment with other persons who committed the same kind of crime; and (d) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (e) all other circumstances that constitute the conditions for the sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the amount of the fine specified in the summary order cannot be deemed to be excessive;