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(영문) 수원지방법원 2015.08.27 2015고정1454
하수도법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants are the sectional owners of buildings located in F and two lots of land in the eternist City.

Where the Mayor, etc. exceeds the standards for effluent water quality as a result of the examination of discharged water quality, he/she may order the owner of the relevant facility to take necessary measures (hereinafter referred to as "improvement order"), such as improving, replacing, closing, or installing a device capable of verifying the operational status of the relevant facility, and the person who has received an improvement order shall comply

In June 2, 2014, Defendants failed to comply with the improvement order for the treatment facilities of the above building even though they were ordered to improve the treatment facilities of the above building.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each G statement;

1. Order for an administrative disposition;

1. Notification of request for extension of the improvement period for private sewage treatment facilities;

1. Building ledgers, etc.;

1. On-site photographs and field boundaries;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 77 subparagraph 8 of the Sewerage Act and Article 40 (1) of the same Act and Articles 77 and 40 of the same Act, the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the punishment as ordered by a summary order by reducing part of the fine amount determined by the summary order, taking into account the following: (a) the Defendants recognized their mistakes and reflects the fact that there was no record of punishment for the same kind of crime; (b) the repair work of the treatment facilities of the building was completed after the prosecution of this case; and (c) the result of the inspection of the pollution level

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