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(영문) 의정부지방법원 2018.01.18 2017고정1266

하수도법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

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

Nevertheless, on July 15, 2016, the Defendant did not install a private sewage treatment facility by installing a rotory sales processing facility, i.e., a rotory restaurant, operating a rotory restaurant, and discharging wastewater without permission, without any report, with the trade name called “D” in Nam-si, Namyang-si, and D.

Summary of Evidence

1. Legal statement of witness E;

1. A written accusation and a public official statement;

1. On-site verification photographs and on-site photographs (the Defendant did not use a scrink installed in the instant resting restaurant, and the daily sewage discharged into a septic tank through a portable toilet;

The argument is asserted.

However, the circumstances acknowledged by the above evidence, namely, ① the rest restaurant operated by the Defendant installed a scrink connected with water supply, ② the Defendant resided inside the above restaurant with children, ② the Defendant appears to have been aware of the trace of cooking in the restaurant at the time of the public official’s control, ③ C in the control public official E confirmed that there was a pollutant, such as a temporary restaurant and a 30-40-meter away from the last discharge outlet, and there was no building or facility other than the rest restaurant in this case.

In full view of all the statements, the above assertion is difficult to accept.

Application of Statutes

1. Article 77 subparagraph 6 of the Act, the selective sewerage system for criminal facts, and Articles 77 and 34 (1) of the Act, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;