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(영문) 창원지방법원 2017.11.24 2017노1428
수질및수생태계보전에관한법률위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A The above fine shall be imposed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendants did not know that the machinery, such as CNC team, etc., was a wastewater discharge facility until the Defendants operated a factory and received water quality inspection. Thus, there was no intention to commit the violation of the law.

B. Sentencing

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the Defendants asserted the same purport in the lower court.

The lower court, based on the evidence duly adopted and examined, found the following circumstances, namely, ① the Defendants could have easily predicted that heavy metal ingredients, such as copper and lead, might be mixed into dives and discharged in the process of cutting off and processing metal materials using machinery; ② there was a contract clause stating that the Defendants had the items stated in the business plan to be submitted at the time of applying for a occupancy contract to a general industrial complex, and that the agreement was also stipulated that “the Defendants should submit a copy of the permit for the installation of emission facilities when the installation of emission facilities is installed.” The details of the report on the completion of factory establishment, etc. were required to enter the kinds of pollutants and the quantity of pollutants discharged in the manufacturing facilities, and the application for certification of factory registration had items to enter the specifications of the emission facilities in the application for factory registration; ③ The agreement was promulgated on September 10, 2009 by the Department on Air Quality Management, and the Act on the Maintenance and Improvement of Water Quality and the Act on the Application for Occupancy in Korea, as well as the Act on the Maintenance and Improvement of Wastes Facilities.

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