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(영문) 의정부지방법원 2021.02.04 2020고정1537
물환경보전법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall discharge, leak, or abandon designated wastes in a public water zone without justifiable grounds.

Nevertheless, the Defendant, at around 12:30 on September 4, 2020, leaked waste paint, which is a designated waste of about 10L, to the public waters, which is a public waters, to the excellent route in a detached house, and the public parking lot outside the boundary of a detached house, where the Defendant living in Si/Macheon-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on site photographs;

1. Article 77 subparagraph 1 of the Act on the Preservation of Water Environments through which criminal facts are applicable, and Articles 15 (1) 1 and 15 (1) 1 of the Act on the Preparation of Water Quality and Environments through which punishment is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the reasoning for sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant’s liability for the crime of this case is not somewhat weak if the Cheongcheon, which is a public waters, appears to have been significantly contaminated due to the instant crime.

However, in consideration of the favorable circumstances such as the fact that the defendant recognized all the facts charged in this case and reflects the defendant's mistake in depth, it is difficult for the defendant to be in an economic situation, the health condition seems to be considerably poor, and the defendant has no record of criminal punishment, the punishment of the summary order against the defendant is excessive.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, occupation, sex, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime.

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