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(영문) 의정부지방법원 2016.01.19 2015고단4620
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On October 13, 2015, the Defendant was sentenced to a suspended sentence of three years on October 21, 2015 by imprisonment with prison labor for a violation of the Waste Management Act, etc. at the District Court of the Republic of Korea, and the judgment became final and conclusive on October 21, 2015.

[2] The Defendant is the representative operating the Textiles Fiber Processing Company’s “E” in Yangju-si, and is engaged in the business of manufacturing steam with heat generated from the waste incineration facilities installed at the place of business, in the process of discharging wastewater by using the steam, and in the process of discharging wastewater.

1. On August 10, 2015, the Defendant violated the Air Quality Conservation Act did not comply with an order of closure, even though it was ordered by the Yangju Mayor to the effect that “The Defendant installed and operated emission facilities that produce specific atmosphere harmful substances in the E workplace without permission from the Yangju market on December 15, 2014, and that “the Defendant immediately closed the emission facilities.”

2. Where a person who has obtained permission to install discharge facilities in violation of the Act on the Conservation of Water Quality and Aquatic Ecosystems intends to change the permitted discharge quantity of wastewater not less than 50/100, he/she shall obtain permission for change;

From January 2015 to September 17, 2015, the Defendant discharged the wastewater from approximately 700 cubic meters per day in excess of 96.76 cubic meters per day from the previous permitted wastewater discharged from “E” places of business operated by the Defendant from around January 2015 to around September 17, 2015, and did not obtain permission to change the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Two copies of the certificate;

1. One on-site photograph;

1. One copy of each certificate of permission to install wastewater discharge facilities and report on installation of discharge facilities;

1. One copy of the administrative disposition order;

1. E on-site photographs ( September 17, 2015)

1. Previous convictions: Inquiries by residents, inquiry of criminal records and investigation records, application of Acts and subordinate statutes to investigation reports (the text of the judgment, summary order, and reporting attached to indictments);

1. Article 89 subparagraph 5-2 of the Act on the Conservation of the atmospheric environment and Articles 89 and 38 (Occupancys where No Order of Closure is issued), water quality, and water quality concerning facts constituting a crime;

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