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(영문) 인천지방법원 2016.09.08 2016고단4497

대기환경보전법위반등

Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who operates “B” a wood manufacturing business entity in Seo-gu Incheon Metropolitan City.

A person who intends to install a control facility with a power of at least 15 kmw shall report the installation of an air pollutant emission facility to the competent authority, and a person who intends to install a control facility with a power of at least 15 kmw shall report the installation of a noise emission facility to the competent authority.

Nevertheless, the Defendant did not report the installation of air pollutants emission facilities and the installation of noise emission facilities to the competent authority, and installed one of the 30kw sanctions facilities, which are air pollutants emission facilities and noise emission facilities, in the above “stock company B” factory from October 17, 2015 to June 14, 2016.

2. Defendant B, a representative of the Defendant, did not report the installation of air pollutants emission facilities and noise emission facilities to the competent authority as described in the foregoing paragraph (1). The Defendant, a company located in Seo-gu Incheon, from October 17, 2015 to June 14, 2016, installed one 30kw control facility, which is air pollutants and noise emission facilities, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of violation, a certificate of business registration, and an on-site photograph (six pages);

1. Application of the Acts and subordinate statutes to investigation reports (Attachment to Control Data), investigation reports (Attachment to Factory Site Utilization Plans);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 90 Subparag. 1, Article 23(1) of the Clean Air Conservation Act (the installation and operation of unreported air pollutant emitting facilities, the choice of imprisonment), Article 58 Subparag. 1, Article 58(1) of the Noise and Vibration Control Act (the installation and operation of unreported noise emitting facilities, the choice of imprisonment);

B. Defendant B: Articles 95, 90 subparag. 1, 23(1) of the Clean Air Conservation Act (the installation and operation of facilities emitting air pollutants, the choice of fines), Articles 59 and 58 subparag. 1 of the Noise and Vibration Control Act.