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(영문) 대전지방법원 2014.09.25 2014고정1250
수질및수생태계보전에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual operator of the corporation B, and the corporation B is a corporation established for the purpose of tyrenching business.

A person who intends to install emission facilities generating specific substances harmful to water quality shall obtain permission from the Minister of Environment.

Nevertheless, on May 9, 2013, the Defendant installed wastewater discharge facilities generated from Cu 0.028mg/L (standard value 0.01mg/L), DHP 0.206mg/L (standard value 0.0025mg/L), 1.4-Daoksan 0.654mg/L (standard value 0.01m/L) which are specific substances harmful to water quality, and operated them using the discharge facilities.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the sending of sexual (test results) and investigation reports (Listening toD telephone statements from the main office, etc.);

1. Article 75 (1) and Article 33 (1) of the Act on the Selection of Criminal Crimes and the Conservation of Water Quality and Aquatic Ecosystem, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even if the defendant had the same criminal record, it is inevitable to strictly punish the crime of this case.

However, the defendant is led to confession and is in profoundly against the company, and the risk of recidivism is low due to the company's bankruptcy.

In this context, considering all the circumstances such as the defendant's age, character and conduct, home condition, and circumstances after the crime, the punishment is determined as ordered.

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