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(영문) 수원지방법원 안산지원 2016.06.30 2016고정580
수질및수생태계보전에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who had operated a printing company with the trade name “C” in Ansan-si, a member B 208.

No one shall install or alter wastewater discharge facilities, or run any business using discharge facilities without filing a report thereon with the competent authorities or filing a false report.

Nevertheless, the Defendant, without reporting to the competent authority on October 15, 2012, installed two facilities for the phenomenon of wastewater discharge facilities, which are wastewater discharge facilities, from that time to June 29, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A statement of detection;

1. Relevant photographs;

1. Application of statutes governing business registration certificates;

1. Article 76 of the relevant Act on the Punishment of Criminal Crimes and Article 76 subparagraph 2 of the Act on the Selective Water Quality and the Conservation of Successful Life (Selection of Penalty) and Article 33 (1) of the Act on the Conservation of Successful Water Quality and Life;

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

1. The Defendant asserts that the report of wastewater discharge facilities is exempt in light of the maximum daily amount of wastewater per day of the present phenomenon facilities under Article 334(1) of the Criminal Procedure Act.

However, the Act on the Conservation of Water Quality and Water Welves only provides for exemption from the installation of water pollution prevention facilities in Article 35, but does not provide for exemption from the obligation to report wastewater discharge facilities. Thus, the defendant's assertion cannot be accepted.

Even if the Defendant’s assertion is based on the argument that the present phenomenon facility does not constitute wastewater discharge facilities in light of the maximum volume of wastewater per day, the present phenomenon facility of this case provides that all of the automatic photograph treatment facilities are wastewater discharge facilities, and the present phenomenon facility of this case constitutes wastewater discharge facilities regardless of the maximum volume of wastewater per day, as it constitutes automatic photograph treatment facilities.

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