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(영문) 제주지방법원 2014.09.17 2014고단748
하수도법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000, respectively.

Defendant

A.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the farming association corporation B located in Seopopopo City D.

Although a person who installs a building, etc. discharging sewage has to install a private sewage treatment facility, the Defendant, without installing a private sewage treatment facility from Oct. 22, 2009 to Mar. 28, 2014, discharged a daily average of approximately 3.74 tons of sewage generated by washing wals containers, etc. while operating the said corporation.

2. Defendant B’s agricultural partnership (representative A) Defendant A, an employee of the Defendant, committed an act identical to that set forth in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. A investigation report (the daily average treatment capacity of the waterworks shall be calculated and reported), and a monthly statement of water supply and sewerage usage fees;

1. Application of Acts and subordinate statutes to certified corporate register;

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

(a) Defendant A: Subparagraph 3 of Article 76 of the Sewerage Act and Article 34 (1) of the same Act;

(b) Defendant B farming association: Articles 79, 76 subparag. 3, and 34(1) of the Sewerage 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: Consideration of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the period of crime, the amount of released wastewater, and the installation of private sewage treatment facilities at present.

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