logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.05.16 2013노126
수질및수생태계보전에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant: (b) is a person running D who produces recyclable products in the Ildong-gu Busan Metropolitan City; and (c) in the case of installing and operating facilities discharging wastewater with a maximum volume of 0.1 cubic meters of wastewater per day, which discharges wastewater not less than 0.1 cubic meters of wastewater, as manufacturing facilities of plastic products, the Defendant shall file a report on the installation of wastewater discharge facilities; (d) however, from February 12, 2005 to September 20, 20, the Defendant installed and operated 0.52 cubic meters of plastic products, which reuses wastewater at 1.8 tons of wastewater from September 20, 201 (hereinafter “instant cooling facilities”); and (e) produces and sells recyclable plastics without filing a report on the installation

2. Although the substance of the grounds for appeal of this case constitutes wastewater discharge facilities, the lower court found the Defendant not guilty of the facts charged of this case constitutes an unlawful determination of facts.

3. The crime of violation of Article 76 subparagraph 1-2 and Article 33 (1) of the Act on the Conservation of Water Quality and Aquatic Ecosystem is established by installing the discharge facilities or operating the discharge facilities by using the discharge facilities without making a report or making a false report. The discharge facilities (i.e., "wastewater discharge facilities") under Article 2 subparagraph 10 of the same Act shall be construed as "facilities, machinery, apparatus and other objects discharging water pollutants, which are prescribed by Ordinance of the Ministry of Environment", and "water pollutants under subparagraph 7 of the same Article as "water pollutants prescribed by Ordinance of the Ministry of Environment, which cause water pollution", respectively, and Article 3 [Attachment 2] of the Enforcement Rule of the same Act provides "the water pollutants of 48 kinds, such as the Gu Ri, its compound, etc." under Article 3 [Attachment 2] of the same Act. Thus, it is not sufficient to acknowledge it only by the health unit,

Since the court below was just to have acquitted the facts charged of this case, the prosecutor's assertion is correct.

arrow