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(영문) 의정부지방법원 2016.04.05 2015고단4675
수질및수생태계보전에관한법률위반
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 4,00,000 won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates the Textiles Processing Business Co., Ltd., Ltd. in Yangju City D.

No person who operates water pollution prevention facilities shall discharge water pollutants that flow into prevention facilities without passing through the final discharge outlet, or install facilities capable of discharging water pollutants without passing through the final discharge outlet.

From March 2015 to September 17, 2015, the Defendant installed a pipeline of 15 meters in diameter in the pre-flowing section so that wastewater discharged from 6.5 cubic meters per day at a fiber washing facility, which is an wastewater discharging facility, from the said place of business, from around March 2015 to around September 2015, from the said place of business, was discharged without passing through the final discharge outlet, through a screen of 6.5 meters in cubic meters per day, which is a preventive facility, a water collection tank, an identification tank, and a storm tank, and then discharged wastewater without passing through the final discharge outlet.

2. Defendant B is a corporation whose purpose is to carry on the business of processing islands.

The defendant, a representative, installed facilities that can discharge water pollutants that flow into prevention facilities without passing through the final discharge outlet in relation to the defendant's business at the same time and place as the above paragraph (1), and used such facilities to discharge water pollutants without passing through the final discharge outlet.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the prosecution against E;

1. A certificate;

1. A report on the guidance of emission facilities;

1. A copy of the business registration certificate;

1. Application of a part of the Acts and subordinate statutes to site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Article 76 Subparag. 3 and Article 38(1)2 of the Water Quality and Water Quality Conservation Act (or choice of imprisonment) of the Defendant A

B. The main sentence of Article 81 (Joint Penalty Provisions), Article 76 subparag. 3, and Article 38 subparag. 1 subparag. 2 (Joint Penalty Provisions) of the Water Quality and Water Quality Conservation Act (Joint Penalty Provisions) for Defendant B

1. The former part of Article 37 of the Criminal Code for the aggravation of concurrent crimes;

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