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(영문) 의정부지방법원 2017.10.19 2017고정1743
수질및수생태계보전에관한법률위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the corporation B, who runs the business of processing and processing Mancheon C Salt and Textiles.

In order to verify whether water pollutants meet the permissible standards for discharging water pollutants, equipment prescribed by Presidential Decree, such as an integrating power meter, an integrating flow meter, and an automatic water quality measuring device, shall be installed.

Nevertheless, the Defendant, as a textile salt processing company, should install an automatic water quality measuring device within nine months from the date of receipt of notice of excess of the permissible emission level when operating wastewater discharge facilities (type 3). However, the Defendant was notified that an automatic water quality measuring device is subject to installation due to excess of the permissible emission level of wastewater from May 11, 2016 until February 3, 2017.

2. Defendant B, a corporation, the purpose of which is to engage in the business of processing salt and fibers.

The Defendant committed the same act of violation at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Information to be installed with an accusation, administrative disposition, or automatic water quality measuring device in excess of the permissible emission standards, or in excess of the permissible emission standards;

1. Business registration certificate, permit for installation of wastewater discharge facilities, and application of certified copies of corporate registers;

1. Defendant A who is subject to the pertinent legal provisions of the Act on the Conservation of Water Quality and A: Article 76 subparag. 4 and Article 38-2 subparag. 1 of the Act on the Conservation of Water Quality and Living Conditions; Article 81, Article 76 subparag. 4 and Article 38-2 subparag. 1 of the Act on the Conservation of Water Quality and Living Conditions; Article 81 of the Act on the Conservation of Water Quality and Living Conditions;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are preparing for installation by concluding a contract for installation of an automatic water quality measuring device of this case, and the details of the instant crime and the circumstances before and after the instant crime shall be considered, and the punishment as set forth in the text shall be determined.

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