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(영문) 인천지방법원 2014.02.04 2013고단7779
수질및수생태계보전에관한법률위반
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of 3,00,000 won, and Defendant C shall be punished by a fine of 1,50,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative of H, who is a metal processing and gold business entity located in the Nam-gu Incheon Metropolitan City, and is in charge of overall affairs, and Defendant B is the head of H's factory, who supervises and supervises facilities and operation in the factory, and Defendant C is the environmental manager of the above company, who is in charge of wastewater treatment and environmental management.

On June 11, 2013, the Defendants discharged wastewater from approximately 3,640 cubic meters (metric tons) via the final outlet, where the CN runs a business using wastewater discharge facilities, such as nuclear power plant in the City of the CN (hereinafter referred to as the “CN”) with the permissible discharge level of 3.49m/L, 3.49m/L, the total nitrogen (TN), the permissible discharge level of which exceeds 60mg/L 2.347m/L, the permissible discharge level of which exceeds 140.845m/L (TN).

Ultimately, from January 5, 2011, the Defendants conspired to commit an act of causing approximately 3,640 cubic meters of waste water containing specific water pollutants exceeding the permissible emission levels, as stated in the list of crimes in the attached Table, to the public waters.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of the Defendants (including a substitute part)

1. Copies of each prosecutor's statement to I, J and K;

1. Results of water pollution test;

1. A record book of data records of each H actual H, and a record book of water quality measurement and an analysis paper;

1. The application of statutes to the H business registration certificate and the H organization also;

1. The Defendants’ choice of applicable legal provisions and punishment regarding criminal facts: Articles 77 and 15(1)1 of the Water Quality and Aquatic Ecosystem Conservation Act; Article 30 of the Criminal Act; and Article 30 of the Criminal Act; and the Defendant A’s imprisonment with prison labor, Defendant B, and C, respectively.

1. Defendant B and C in the custody of a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B and C: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendants’ past criminal records, the Defendants’ position, and the following:

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