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(영문) 의정부지방법원 2018.10.17 2018고정1040
물환경보전법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in textile washing business with the trade name “C” in both weeks.

Where a person who has obtained permission to install facilities discharging wastewater intends to change important matters, such as cases where the amount of wastewater discharged increases by at least 50/100 of the amount permitted, he/she shall obtain permission for change.

Nevertheless, on March 20, 2018, the Defendant, without obtaining permission for the above change from the competent authorities, operated the facility using the waste to ensure that the wastewater discharged from 73.68 cubic meters per day (8 hours) increased by at least 50/100 of the volume of wastewater discharged (44 cubic meters) for each day permitted to clean clothes at the above C’s workplace, was discharged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to permits for the installation of charges, field photographs and wastewater discharging facilities;

1. Relevant Article of the Act concerning facts constituting a crime and subparagraph 1 of Article 75 and Article 33 (2) of the Act on the Preservation of Water Environments through which punishment is selected;

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

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order shows the attitude of the defendant who recognized the criminal facts of this case and reflected his mistake is recognized as favorable to the defendant.

However, in light of the contents and methods of the crime and the legislative purport of the Water Environment Preservation Act, the crime of this case where the defendant discharged water pollutants by failing to operate discharging facilities without any justifiable reason. The crime of this case where the crime of this case where the defendant discharges water pollutants by failing to operate the discharge facilities without any justifiable reason is not less than string off in light of the nature of the crime, it is difficult to easily see the environmental hazard caused by water pollution, and it is necessary to strictly punish the crime in consideration of the impact on people's health. Although the defendant was subject to criminal punishment twice for the same crime in the past, it is necessary to strictly punish the defendant again to commit the same crime in the same and similar cases.

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