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(영문) 의정부지방법원 2017.10.19 2017고정1707
수질및수생태계보전에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who runs a fiber salt processing business by installing wastewater discharging facilities in the name of "C" in the Ycheon-gun B.

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

Nevertheless, from September 20, 2008 to April 5, 2017, the Defendant, without reporting to the pertinent factory C, installed and operated a total of 20 high-tension colorers and high-tension colorers, which are wastewater discharge facilities, with no reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation (C), written statements, business registration certificates, field photographs, pending reports on the charges for the operation of the terminal treatment facilities of liquidated wastewater, investigation reports (in relation to attachment of a written statement, etc.), written statements, usage status of industrial water, investigation reports on the quantity of water used, and investigation reports (in-house trip surveys);

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

1. Article 76 of the relevant Act on the Punishment of Criminal Crimes, Article 76 subparagraph 2 of the Act on the Selective Water Quality and Their Whereassives of Punishment, Article 33 (1) of the Act on the Conservation of Water Quality and Successfuls

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant recognized the criminal facts of the instant case and reflects his mistake; (b) the companies installing and operating wastewater discharge facilities without reporting within the area where the defendant’s business place is located; and (c) the defendant seems to have caused the instant accusation by failing to pay the wastewater treatment charges, etc.; and (d) the circumstances favorable to the defendant are recognized.

However, the crime of this case where the defendant installed wastewater discharging facilities without reporting to the competent authorities, and installed the fiber processing facilities, and operated a fiber processing operation, is not less than the nature of the crime in light of the contents and methods of the crime, the legislative purport of the Act on the Conservation of Water Quality and Water Quality, and the wastewater treatment facilities are also operated as the competent authorities.

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