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(영문) 인천지방법원 2020.01.08 2018고단8941
물환경보전법위반
Text

Defendant

A A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 10 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of manufacturing, processing, and selling all kinds of feed, and Defendant A is a person who is the Incheon Factory of the Defendant B Co., Ltd in Jung-gu Incheon Metropolitan City.

1. A person who intends to install a wastewater discharge facility of a defendant shall report it to the competent authority;

Nevertheless, from around June 2003 to July 17, 2018, the Defendant, without reporting to the competent authority in the Incheon Factory, installed and operated a feed transport vehicle with approximately 313 liters’ wastewater discharged daily, and discharged approximately 6,858 liters’ wastewater discharged from the feed transport vehicle disinfection facility from June 20, 2018 to July 30, 2018.

2. Defendant B, the factory head of Incheon Factory, committed the above violation in relation to the Defendant’s business at the same date, time, and place as that of paragraph (1).

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of witness D;

1. Some police interrogation protocol of the defendant A;

1. A report on detection, business trip name, certificate of violation, confirmation of collection of samples, certificate of report on the installation of wastewater discharge facilities, field photographs, estimates, written estimates, certificates of employment, business registration certificates, full certificate of registered matters, report on non-report of discharge facilities B, report on water pollution inspection

1. Application of Acts and subordinate statutes to the investigation data submission and reported data on the installation of wastewater discharge facilities;

1. Defendant A: Article 76 subparagraph 2 of the Water Environment Conservation Act and Article 33 (1) of the Water Environment Conservation Act; Article 81, subparagraph 2 of Article 76, and Article 33 (1) of the Water Environment Conservation Act; Article 81, and Article 86 (1) of the Water Environment Conservation Act;

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

1. Defendants of the provisional payment order: Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the feed-transporting vehicle of this case is not a wastewater discharge facility, but is extremely temporary and special for the detection of lead in the discharged water.

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