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(영문) 의정부지방법원 2017.10.19 2017고정1640
수질및수생태계보전에관한법률위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the representative of a stock company B, which installs wastewater discharge facilities in the Socheon-gun C, and carries on the fibering and processing business of fibers.

Any person who intends to install wastewater discharge facilities shall obtain permission from or report to the competent authorities.

Nevertheless, from August 1, 2013 to March 23, 2017, the Defendant, without reporting to the competent authority, installed 9 high-tension colorers (larges) and 5 high pressure colorers (larges), which are wastewater discharge facilities, at the above factory B, and operated the same without reporting to the competent authority.

2. Defendant B, at the time and place specified in paragraph (1), the Defendant, a representative of the Defendant, committed an act of violation as above with respect to the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation, a written confirmation, a written confirmation, a business registration certificate, a field detection photograph, a pending report on the charges for the operation of terminal treatment facilities for liquidated wastewater, a certificate for registered matters, a written statement of additional accusation, and a written statement of

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 76 Subparag. 2 and Article 33(1) of the Water Quality and Water Quality Conservation Act; selection of fines

(b) Defendant B: Articles 81, 76 subparag. 2, and 33 subparag. 1 of the Water Quality and Water Quality Conservation Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: (a) examining the reasons for sentencing of Article 334(1) of the Criminal Procedure Act; (b) the Defendants recognized all the criminal facts of the instant case and against their mistakes; (c) appears to have many companies installing and operating wastewater-generating facilities without reporting within the area where Defendant B’s business site is located; (d) the Defendants appear to have caused the instant accusation by failing to pay the wastewater treatment charges; and (e) the Defendants, from August 10, 2017, prepared a factory relocation and suspended business.

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