Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

No person shall discharge water pollutants in excess of the permissible discharge standards by failing to normally operate discharging facilities and prevention facilities without justifiable grounds.

Nevertheless, on January 26, 2018, the Defendant discharged laund wastewater in the “C” located in the Namyang-si, Namyang-si, and discharged COD 150.3mg/l (based on 50mg/l) and SS5.4mg/l (based 40mg/l)/l (based on 40mg/l) which are water pollutants exceeding the permissible emission levels by discharging drugs, which are used as preventive facilities, without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, written confirmation, the result of the examination on the North-west support of the Health and Environment Research Institute of Gyeonggi-do, field photographs, and investigation reports (the emission standards);

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

1. Article 76 of the relevant Act and Articles 76 subparagraph 3 and 38 (1) 4 of the Act on the Preservation of Water Environments through which criminal facts are selected, and selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant is aware of the criminal facts of this case and reflects his mistake; and (b) the fact that there is no record of punishment of fines for the same kind of crime except for those punished three times by a violation of the Registration of Loan Business and the Protection of Financial Users Act in 2009.

However, in light of the content and method of the crime, the legislative purport of the Water Environment Preservation Act, etc., the crime of this case where the defendant discharged water pollutants by failing to operate discharge facilities, etc. without justifiable grounds, it is difficult to easily see the environmental hazard caused by water pollution, and it is necessary to strictly punish the crime in consideration of the impact on public health, and the general amount of punishment in the same and similar cases, and the balance between the two kinds of punishment in the same and similar cases, as shown in the argument of this case.