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(영문) 의정부지방법원 2020.05.21 2019고정1849
물환경보전법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If B does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

B is the representative of corporation A in Spocheon City, and the defendant corporation A is a corporation established for the purpose of manufacturing industrial fishing grounds.

1. A person who intends to install a wastewater discharge facility of Defendant B shall obtain permission from the Minister of Environment or report to the Minister of Environment, and permission for the installation of discharge facilities in a restricted area for the installation of discharge facilities

Nevertheless, from January 2016 to August 1, 2019, the Defendant installed and operated a sexual water tank of 2.66 cubic meters in size, which is a wastewater discharge facility, which is necessary for the scurbing type, without obtaining the aforementioned permission, at the same place of business, which is a restricted area for the installation of discharge facilities.

2. The Defendant Company A, at the time and place under paragraph (1), operated the Defendant’s business using wastewater discharge facilities without permission, as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to D;

1. Support for the North Korean Department of Health and Environment of Gyeonggi-do;

1. Application of Acts and subordinate statutes governing site photographs in violation;

1. Article 81, Article 75 subparagraph 1 of the Water Environment Conservation Act, and Article 33 (1) B of the Water Environment Conservation Act: Selection of a fine, Article 75 subparagraph 1 of the Water Environment Conservation Act, Article 33 (1) of the same Act, and Article 75 (1) of the same Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act recognize all the facts charged of the instant case and reflect their mistakes; the Defendant appears to have not discharged wastewater externally due to the instant crime; and Defendant B’s primary offender without any previous criminal records are favorable circumstances to the Defendants.

However, the crime of this case is committed in the area where the defendants installed the discharge facilities without obtaining permission.

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