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(영문) 광주지방법원 2013.04.17 2013고정446
환경정책기본법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who served as the director in charge of B military administration C from July 1, 2008 to May 23, 2010.

The business operator of the project subject to the prior examination of environmental feasibility shall not execute the relevant project before the prior examination of environmental feasibility is completed.

Nevertheless, the Defendant, in collusion with B-Gun C and the team leader D on January 26, 201 to April 11, 201, installed a project to gather earth and sand for raising soil and sand necessary for B-Gun H project without undergoing prior consultation on the examination of environmental feasibility, within approximately 18,377 square meters in total of B-Gun E, F, and G (including an adjacent area).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Examination of suspect suspect regarding D by the prosecution;

1. The fourth police interrogation protocol against the accused;

1. Police suspect interrogation protocol of D or I;

1. Part D, I, and J of the second police interrogation protocol against A

1. Part D or K’s statement among the police interrogation protocol three times against A

1. Application of Acts and subordinate statutes to the police statement of K and L;

1. Relevant Articles 43 and 27 (2) of the former Framework Act on Environmental Policy (wholly amended by Act No. 10893, Jul. 21, 201); Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. In light of the fact that Article 4 and Article 5 of the former Framework Act on Environmental Policy (wholly amended by Act No. 10893, Jul. 21, 2011; hereinafter “Act”) provide for the division of the State’s and local governments’ responsibilities and the responsibilities of the business entity, the Defendant asserts that B-Gun, a local government, cannot be a business entity under Article 27(2) of the Act.

The lives stand, and Article 4 of the Act shall be referred to as "environmental pollution, environmental damage and environmental damage" in paragraph (1).

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