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(영문) 창원지방법원 2013.07.03 2013고단1094
수질및수생태계보전에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000 and by a fine of KRW 3,500,000.

Defendant

A above.

Reasons

Punishment of the crime

1. A person who intends to install discharging facilities of Defendant A shall obtain permission from the Minister of Environment or report to the Minister of Environment;

From March 17, 2009 to April 14, 2012, the Defendant, as the representative of metal processing products manufacturing chain Co., Ltd., Ltd. in Kimhae-si, the Defendant, in the course of operating the said company, installed a facility (capacity 3,693 cubic meters) that discharges waste water from water expropriation, without filing the aforementioned report.

2. Defendant B, a representative of the Defendant, installed wastewater discharge facilities without filing a report as above at the same date, time, place, and place of the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of violation;

1. Photographs of the violation site;

1. Requests for the results of examination of wastewater quality;

1. Copy of business registration certificate;

1. Full certificate of the registered matters;

1. Application of statutes to a copy of a certificate of confirmation of waste treatment plan;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 76 subparagraph 1-2 of the Water Quality and Ecosystem Conservation Act, and Article 33 (1) of the same Act;

(b) Defendant B: Articles 81, 76 subparag. 1-2, and 33(1) of the Water Quality and Aquatic Ecosystem Conservation Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;

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