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(영문) 광주지방법원 순천지원 2015.06.10 2015고정54
수질및수생태계보전에관한법률위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative operating and managing B farming association corporations located in Jeonnam-gun D, and Defendant B farming association is a corporation established for the purpose of joint shipment, processing, and export of agricultural and forest products, which is a place of business that has reported that water pollutants (wastewater) generated during the process of processing, manufacturing, and storing, and storing, in a water tank, water-quality pollutants (wastewater) generated in the process of processing, manufacturing, and entrusting the treatment of wastewater to a wastewater treatment business entity.

1. No business operator of a defendant A shall discharge water pollutants that flow into facilities for preventing water pollution without going through the final outlet nor install facilities capable of discharging water pollutants without going through the final outlet;

Nevertheless, around January 2014, the Defendant installed PCV pipelines at a diameter of 100 meters so that wastewater can be discharged into wastewater treatment facilities from the primary water tank installed in the tank head where wastewater is collected in order to reduce the cost of entrusted treatment of wastewater generated within the above workplace.

2. The Defendant B committed the Defendant’s act of violation as prescribed in paragraph (1) in relation to the Defendant’s business at the same time and at the same place as that of paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. A public official statement of E and a police statement of the accused;

1. Application of Acts and subordinate statutes to request a violator of the Environmental Related Act to investigate the violation, on-site photographs, certificates of reports on the installation of wastewater discharge facilities, and certificates of entrustment of wastewater;

1. A of the relevant legal provisions pertaining to criminal facts: Subparagraph 3 of Article 76 and Article 38 (1) 2 of the Water Quality and Ecosystem Conservation Act: The agricultural partnership corporation of the defendant B of Article 81, subparagraph 3 of Article 76, and Article 38 (1) 2 of the Water Quality and Ecosystem Conservation Act;

1. Defendant A who is selected to impose a fine;

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: The Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act.

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