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(영문) 서울중앙지방법원 2017.03.31 2017고정136
하수도법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a multi-household housing rental business with the fourth floor above the ground located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

The owner or manager of a private sewage treatment facility shall not flow sewage from a hydrogen to a building, etc., or discharge sewage without flowing it into a private sewage treatment facility, or install a facility capable of discharging sewage without flowing it into a private sewage treatment facility.

Nevertheless, from July 9, 2016 to August 31, 2016, the Defendant installed a hydrogen racker with approximately 9 square meters of the 1st underground floor of the above multi-family house, one water racker, one water racker with a capacity of 1.08 square meters, one underwater pump pipe, and one water pump pipe with a yellow and high-tension oil pipe, etc., and used it, by collecting excreta and daily sewage of the 1st underground floor of the Defendant’s building into a house installed in a three-story underground floor, and discharging part of excreta and daily sewage into a septic tank, which is an individual sewage purification facility, by spreading excreta and daily sewage into the ground.

The defendant did not comply with an improvement order within the deadline, even though he/she received an improvement order from the jurisdiction of the first police officer on March 19, 2016 to maintain the above violations until May 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. The application of the accusation, evidence photograph, and construction photograph 23 Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 77 subparagraph 8 and 40 (2) of the Act on the Preparation of Preliminary Sewerage for Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The grounds for sentencing under Article 32(1)1 and 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation, etc., are as follows: (a) the Defendant fulfilled construction works following the improvement order on September 1, 2016; and (b) other conditions for sentencing specified in the records and arguments of the instant case.

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