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(영문) 대전지방법원 서산지원 2015.10.07 2015고정130
해양환경관리법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is the head of the environmental chemical team of B, who manages the cooling water of power plants, and the defendant B is a corporation established for the purpose of electricity generation business.

1. Defendant A shall not discharge into the sea pollutants generated in ocean space, such as marine facilities, bathing beaches, and downstream areas, but the Defendant, from April 3, 2014 to August 31, 2014, discharged to the sea a parcel containing about 5,472 km, which is classified as harmful liquid substances Y in the Marine Environment Management Act, in order to restrain the flow of pollutants generated from the cooling water discharge by electric power plants located in B Co., Ltd. located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, YA, from April 3, 2014 to August 31, 2014.

2. Defendant A, who is the Defendant’s employment, committed the above act in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ partial statement

1. Response to the request for appraisal;

1. Application of a full certificate of registered matters, business registration certificate and statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 127 subparag. 1 and Article 22(2) of the Marine Environment Management Act; selection of fines

B. Defendant B corporation: Articles 130, 127 subparag. 1, and 22(2) of the Marine Environment Management Act

1. 5 million won for each fine to be suspended;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act (the daily calculation amount: 100,000 won);

1. As to the Defendants’ assertion of Article 59(1) of the Criminal Code of the Suspension of Sentence, the Defendants did not constitute a crime even if discharged dimethylol acid as there is no provision on the permissible discharge standards of dimethylol acid in attached Table 13 of the Enforcement Rule of the Water Quality and Aquatic Ecosystem Conservation Act, and it did not constitute a crime. In attached Table 13 of the Enforcement Rule of the Water Quality and Aquatic Ecosystem

A. Demanding that even if the permissible emission levels for regions are applied, Defendants cannot be punished as long as they are complied with.

Article 22(2) of the Marine Environment Management Act.

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