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(영문) 인천지방법원 부천지원 2013.10.30 2013고정1623
수질및수생태계보전에관한법률위반등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who engages in the business of manufacturing industrial machinery and parts under the trade name of “C” in Bupyeong-si, Seocheon-si.

1. A person who intends to install facilities discharging water pollutants in violation of the Water Quality and Ecosystem Conservation Act shall obtain permission from the Minister of Environment or file a report with the Minister of Environment, but the Defendant, from June 10, 2013 to July 5, 2013, installed a single unit of facilities manufacturing metal processed products (one-day waste quantity: 0.38 cubic meters), which are facilities discharging water pollutants, at the said place of business, and operated the facilities using such facilities.

2. A person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall report to the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu, but the defendant installed one compressed machine with power of 20 miles at the date and time and place specified in paragraph (1) without reporting to the competent administrative agency,

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Written statements prepared in D;

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes governing field photographs;

1. Relevant statutory provisions and Articles 76 subparagraph 1-2, 33 (1) of the Act on the Selection of Water Quality and Aquatic Ecosystem concerning facts constituting an offense, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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