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The defendant shall be innocent.
Reasons
1. The Defendant in the facts charged of the instant case is a person who is a transferee of a total of six parcels of land (hereinafter collectively referred to as “the instant six parcels of land”), including a total of 3,370 square meters, D river 2,543 square meters, E river 2,312 square meters, G river 1,397 square meters, G river 1,102 square meters, H river 1,332 square meters, etc., and H river 1,332 square meters.
Where the result of a regular measurement, a survey on the actual conditions of soil contamination or a detailed survey on soil exceeds the standards, the Mayor/Do Governor or the head of a Si/Gun/Gu may order the person causing the contamination to take measures for purifying the contaminated soil within a fixed period, as prescribed by Presidential Decree, and the person
However, as a result of a detailed investigation into the land in this case, the Defendant did not issue the purification order from October 31, 201 to October 31, 201, on the following grounds: (a) soil was contaminated (as for the contaminated area, approximately KRW 1,565 square meters, approximately KRW 1,397.8 square meters, KRW 1,397.8 square meters in cubic volume); (b) on the basis of the soil survey on the land in this case, the Defendant did not issue the purification order from the head of Seocho-si Sin-si (hereinafter referred to as the “head of Mapo-si”). (c) on October 31, 201 to December 31, 2011, to the extent that the soil was contaminated (as for the standard, approximately 1,565 square meters in size; b).
2. Determination
A. In full view of the evidence records in this case and the evidence evidence No. 2 submitted by the defendant, and part of the evidence No. 1 submitted by the defendant, the following facts can be acknowledged.
1) On October 26, 2011, the head of Mapo-gu Police Agency ordered the Defendant to take the instant purification measures on the grounds that the instant land exceeded the soil contamination risk level. This is based on the results of the detailed soil contamination survey conducted in 2010 by the new university and industry-academic cooperation center on the instant land (hereinafter “the result of the first detailed survey”).
B) thereafter.