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(영문) 대전지방법원 2018.01.30 2017고단4394
수질및수생태계보전에관한법률위반
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is the representative of the B Co., Ltd. in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

A business operator or a person who operates prevention facilities shall not commit an act of discharging water pollutants from discharging facilities without flowing them into prevention facilities, or installing facilities that can discharge water pollutants without flowing them into prevention facilities. Of the facts charged, the Defendants’ crime is a violation of Article 38(1)1 of the Act, and the part of the facts charged that “the business operator or a person who operates prevention facilities shall not discharge water pollutants that flow into prevention facilities without passing through the final outlet or install facilities that can discharge water pollutants without passing through the final outlet.” The part of the facts charged reveals that “the business operator or the person who operates prevention facilities shall not commit an act of releasing water pollutants that flow into prevention facilities without passing through the final outlet,” which is clearly clerical error in the statement about Article 38(1)2, and it

Nevertheless, from November 2016 to December 7, 2016, the Defendant installed a brogate (50 meters in diameter, 10 meters in length) to discharge water pollutants discharged from discharge facilities at the place of business of the said joint stock company B without flowing them into prevention facilities.

2. Defendant B Co., Ltd. committed the above violation in relation to Defendant A’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of Acts and subordinate statutes to public officials' statements, guidance of discharge facilities, inspection marks, collection of samples, verification documents, field photographs in violation of the environment-related provisions, and the arrangement of retention tank connecting pipes also;

1. Article 76 subparagraph 3 of the Act on the Preservation of Water Quality and A who is the defendant 0 of the choice of punishment for the crime: Article 76 and Article 38 subparagraph 1 of the Act on the Preservation of Water Quality and A (or choice of imprisonment): Article 81, subparagraph 3 of Article 76, and Article 38 (1) 1 of the Act on the Preservation of Water Quality and Their A:

1. Suspension of execution;

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