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(영문) 의정부지방법원 2018.04.19 2018고단80
수질및수생태계보전에관한법률위반
Text

1. Defendant A shall be punished by imprisonment 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

Defendant

A is a person who actually operates the "E" as an industrial chain in Spocheon-si D.

Defendant

B is the representative of the “F” entrusted with the wastewater treatment business.

1. No business operator who installs measuring devices, such as a joint crime, wastewater flow meter, etc., of the Defendants shall commit any act to prevent any normal measurement from being performed when operating measuring devices;

On November 16, 2017, the Defendants conspired and operated the wastewater flow system at the E-joint treatment site installed in the above E in order to frequently block all wastewater flow meters from time to time and without recognizing the flow of the wastewater currently discharged.

이를 비롯하여 피고인은 2017. 9. 4. 경부터 2017. 11. 16. 경까지 허가 받은 하루 폐수 배출량 140.7㎥ 이상으로 적산되지 않도록 하기 위하여 폐수적 산유량계의 전원을 껐다 켰다를 반복하여 가동시간을 줄이는 방법으로 정상적인 측정이 이루어지지 아니하도록 하였다.

2. Where a person who has obtained permission to discharge wastewater from the sole crime of Defendant A intends to change the permissible discharge quantity of wastewater not less than 50/100, he/she shall obtain permission for change from the competent authority.

Defendant

A discharges wastewater from September 4, 2017 to November 16, 2017, in excess of a maximum of 140.7 square meters per day permitted at the same place from around September 4, 2017 to around November 16, 2017, at least 359.6 cubic meters per day.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. On-site photographs and business registration certificates;

1. Accepting a permit to install wastewater discharge facilities or a report on modification of wastewater discharge facilities;

1. A certificate of delivery of products;

1. A joint operation contract for a wastewater treatment facility;

1. A detailed statement of payment of expenses for entrusted management;

1. Place where preventive facilities are operated;

1. Application of Acts and subordinate statutes governing the operating manual of flow meters;

1. Article 1 of the Act on the Preservation of Water Quality and A: The former Act on the Preservation of Water Quality and A’s Birth (amended by Act No. 14532, Jan. 17, 2017).

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