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(영문) 수원지방법원 2013.06.12 2013고단575
토양환경보전법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The person who causes soil contamination shall, when he/she is ordered to take measures for purification, perform an order to take measures for purification, and the Defendant, as the person who causes soil contamination of the land E (hereinafter referred to as “E”) in Suwon-gu, Suwon-si, the Defendant failed to perform the order to take measures for purification, even though he/she was ordered to take measures for purification of the contaminated soil from October 11, 201 to October 10, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation (No. 7 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to an order to take measures to purify contaminated soil (No. 9) and a detailed report on soil (Evidence No. 10);

1. Relevant Article 29 of the Soil Environment Conservation Act and Articles 29 subparagraph 1 and 11 (3) of the Soil Environment Conservation Act, selection of fines concerning criminal facts;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The gist of the facts charged is that the person who caused soil contamination is ordered to take measures for purification, and the Defendant is obliged to take measures for purification, and the Defendant did not comply with an order to take measures for purification of contaminated soil even when he/she received an order to take measures for purification of contaminated soil from November 7, 2011 to November 4, 2012, and from October 11, 201 to October 10, 201 with respect to D land (hereinafter “D land”), respectively.

2. The judgment prosecutor prosecuted C and D land on the premise that the Defendant’s act constitutes “a person who caused soil contamination by neglecting soil contamination materials” under subparagraph 1 of Article 10-4 of the Soil Environment Conservation Act and “a person who owns facilities subject to the control of soil contamination which caused soil contamination at the time of the occurrence of soil contamination” under subparagraph 2 of the same Article.

First, if the Defendant neglected soil contaminants to cause soil contamination, Article 2 subparagraph 2 of the Soil Environment Conservation Act (hereinafter “Act”) is “soil contaminants” as the cause of soil contamination.

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