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(영문) 춘천지방법원 2016.05.10 2016고정43

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 has installed a camping site in the name of "D" in the Hongcheon-gun C.

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

Nevertheless, at around 14:10 on August 10, 2015, the Defendant installed at the above campground site (minimum 4m x 5m) 11, shower (6m x 3m), one repair unit (1m x 2m) x 5m) x 5m x 5m x 5m), and discharged wastewater without permission without installing a personal sewage treatment facility (treatment capacity exceeding 2 cubic meters).

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on criminal reports and photographs of evidence;

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 of Article 334(1) of the Criminal Procedure Act appears to be against the Defendant’s wrong recognition, and circumstances such as the fact that the Defendant appears to have some of the circumstances that led to the instant crime, and that the Defendant is an initial criminal without any criminal history.

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