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(영문) 전주지방법원 정읍지원 2016.09.29 2016고단257
수질및수생태계보전에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of three thousand won,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A, as the representative director of the Dispute Resolution BankB in Jung-Eup, was permitted to manage the business affairs of the said company, and on August 19, 2013, the discharge amount of wastewater was permitted to be 389.4 cubic meters/day.

Any person who has obtained permission to discharge wastewater shall obtain permission for modification where the discharge amount of wastewater increases by not less than 50/100 of that at the time of permission.

Nevertheless, the Defendant did not obtain permission for change even if he/she discharged wastewater over 11 times in total due to the increase of the volume of the wastewater discharged permitted between December 29, 2015 and January 26, 2016 by 50/100 of the volume of the wastewater discharged, which exceeds 50/100 of the volume of the wastewater discharged.

2. Defendant B is a corporation established for the purpose of forestry processing and slaughter business.

The defendant, who is the representative director, did not obtain the above permission of change concerning the defendant's business at the same date, time, and place as paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Permits to install discharge facilities for wastewater;

1. A site for the operation of emission and preventive facilities;

1. Application of Acts and subordinate statutes confirming violations;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Article 75 subparag. 1 and Article 33 subparag. 2 of the Water Quality and Water Quality Conservation Act; Articles 75 subparag. 1 and 33 subparag. 2 of the Imprisonment option

B. Article 81, Article 75 subparag. 1, and Article 33 subparag. 2 of the Water Quality Conservation Act of Defendant B and Water Quality Conservation Act

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) Defendant A had the history of having been punished several times for the same crime; and (b) the risk of water pollution generated by discharging wastewater in excess of the permissible discharge amount under the supervision of the competent authority is not much high; (c) the conditions for sentencing unfavorable to the Defendants; (d) the Defendants’ consent to the commission of the crime; (e) the Defendants obtained lawful permission for change after the enforcement of the instant crime; and (e) the introduction of the water quality remote monitoring system.

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