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(영문) 인천지방법원 2014.12.05 2014고정3477
수질및수생태계보전에관한법률위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the B corporation that performs a new construction of the D Railroad Labor Team in Jung-gu Incheon, Jung-gu, Incheon.

Those who intend to install discharge facilities shall obtain permission or report to the Minister of Environment under the conditions as prescribed by the Presidential Decree.

Nevertheless, the Defendant, without filing a report with the competent administrative authority, installed a common facility that generates wastewater from July 1, 2013 to March 7, 2014 at the same place of business, which is 5.4 cubic meters per hour, among wastewater discharge facilities, and operated the facility using the facility.

2. Defendant B is a corporation with the objective of conducting earth construction business.

The defendant, who is the representative, committed the above violation in relation to the defendant's business at the time and place above.

Summary of Evidence

1. Defendant A’s legal statement

1. E statements;

1. Application of Acts and subordinate statutes to a report by the detector, a certificate of violation and a report certificate on installation of wastewater

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 76 Subparag. 2 and Article 33(1) of the Water Quality and Ecosystem Conservation Act; selection of fines

(b) Defendant B: Articles 81, 76 subparag. 2, and 33(1) of the Water Quality and Aquatic Ecosystem Conservation Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. The punishment as ordered shall be determined in light of the following: (a) the period of a temporary report on the reason for sentencing under Article 334(1) of the Criminal Procedure Act has expired; (b) the reason why the crime of this case was committed because it was not applied for extension; and (c) the fact that the immediate report on the installation of wastewater discharge facilities was filed after the control of this case; and

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