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(영문) 의정부지방법원 2017.10.19 2017고정1642
수질및수생태계보전에관한법률위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the representative of a stock company B, which installs wastewater discharge facilities in the Socheon-gun C, and carries on the fibering and processing business of fibers.

Any person who intends to install wastewater discharge facilities shall obtain permission from or report to the competent authorities.

Nevertheless, from January 3, 2015 to March 13, 2017, the Defendant, without reporting to the competent authorities, set up eight high-tension chromosomes, which are wastewater discharge facilities, in the instant factory B, and operated without reporting to the competent authorities.

2. Defendant B, at the time, and at the place specified in paragraph 1, the Defendant, as described in paragraph 1, committed the above-mentioned violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation, a written accusation, a field control photograph, a business registration certificate, current report on the charges for the operation of the wastewater terminal treatment facilities in liquidation wastewater, a certificate registered in full, and a written accusation;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 76 Subparag. 2 and Article 33(1) of the Water Quality and Water Quality Conservation Act; selection of fines

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

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

1. Defendants of the provisional payment order: (a) examining the reasons for sentencing of Article 334(1) of the Criminal Procedure Act; (b) the Defendants recognized all the criminal facts of the instant case and against their mistakes; (c) there are many companies installing and operating wastewater-generating facilities without reporting within the area where the Defendant Company B’s business site is located; and (d) the Defendants seem to have caused the instant accusation by failing to pay the wastewater treatment charges, etc., under normal conditions favorable to the Defendants.

However, Defendant A did not report to the competent authorities.

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