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(영문) 대구지방법원 2017.08.30 2017고정1455
수질및수생태계보전에관한법률위반등
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of the agricultural partnership B in the Gyeongdong-gun C, and the defendant Eul is a corporation established for the purpose of distributing agricultural and livestock products.

1. Defendant A

A. On February 20, 2017, the Defendant violated the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter “Act”) installed two washing facilities for the removal of heavy roots, which are the fruit, hydrogen processing, storage and disposal facilities, without reporting the installation of wastewater discharge facilities at the place of business in question, and the facilities for the removal of heavy roots (the washing capacity: 0.736 cubic meters).

From that time until May 4, 2017, the Defendant used the above discharge facilities.

B. The Defendant violated the Noise and Vibration Control Act without reporting the installation of noise emission facilities for the same period at the same place as the statement in paragraph 1-A, and installed and operated each of the 10-year air compresseders, which are noise emission facilities, 15-year-old one, and 50-year-old one.

2. The above A, the representative director of the defendant farming association B, used the defendant's business without reporting the installation of wastewater discharge facilities and noise discharge facilities in the same manner as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D and E;

1. Application of Acts and subordinate statutes to the receipt book of the accusation, accusation book, site photograph, and certified copy of the corporate registry to the violator of environment-related Acts;

1. A person who is subject to the pertinent Article of the Act on the Conservation of Water Quality and A: Article 76 subparag. 2, Article 33(1) (the point of operating non-reported wastewater discharging facilities), Article 58 subparag. 1, Article 8(1) (the point of installing non-reported noise and vibration emission facilities) of the Noise and Vibration Control Act, and Article 8(1) (the point of installing non-reported noise and vibration emission facilities) of the Noise and Vibration Control Act, and Article 81, subparag. 2, Article 76 subparag. 2, Article 33 subparag. 1 (the point of operating non-reported wastewater discharging facilities) of the Noise and Vibration Control Act, Articles 59, subparag. 1, and 8(1) (the point of installing non-reported noise and vibration emission facilities) of the Noise and Vibration Control Act;

1. Aggravation Defendants of concurrent crimes: Article 37 of the Criminal Act.

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