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(영문) 수원지방법원 2015.02.05 2014고정3210
하수도법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. A person who installs a building, facility, etc. discharging wastewater shall solely or jointly install a private sewage treatment facility, and the person who has installed the facility shall increase its treatment capacity in proportion to the volume of sewage discharged;

The Defendant, from August 4, 2013 to July 13:40, 2014, at the camping site, owned and managed by the Defendant himself/herself in his/her wife B, from the point of view of “C”, the Defendant installed one repair unit and one toilet installed at a camping site of approximately 1,650 square meters in a size of approximately 1,650 square meters, and discharges approximately 15 cubic meters of the average daily sewage, but did not increase its daily treatment capacity by installing and operating sewage treatment facilities in 9 cubic meters of the average daily treatment capacity.

2. According to the records of this case, the Defendant installed and operated sewage treatment facilities that do not fit for discharge quantity at the camping site specified in the facts charged from August 27, 2012 to August 3, 2013, 2014.

"The facts that a summary order of KRW 1 million was issued for a crime of violation of the Sewerage Act (this Court Decision 2014 High Court Decision 2014 High Court Decision 12414) and the facts that the above summary order was finalized on September 19, 2014. The facts constituting the crime of the above summary order and the facts charged in this case that was executed before the above summary order was issued are deemed to be a comprehensive crime as a continuous crime, and the effect of the above summary order extends to the facts charged in this case.

3. If so, the facts charged in this case constitute a final judgment and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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