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(영문) 인천지방법원 2013.12.26 2013고단7570

대기환경보전법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating a household manufacturing enterprise of “C” in Seo-gu Incheon Metropolitan City.

Any person who intends to install a painting facility, the volume of which is at least five cubic meters or the power of which is at least three miles, shall file a report on installation of a facility emitting air pollutants and a report on installation of a noise and vibration emission facility with the competent authority.

Nevertheless, from August 11, 2009 to August 26, 2013, the Defendant installed one of the painting facilities (10 miles) which are emission facilities without filing a report on installation of emission facilities of air pollutants and on installation of noise and vibration emission facilities with the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. Application of the Acts and subordinate statutes for reporting criminal facts and investigation reports

1. Article 90 subparagraph 1 of the relevant Article of the Clean Air Conservation Act, Article 23 (1) of the Noise and Vibration Control Act, Article 58 subparagraph 1 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of the sentence of imprisonment with prison labor (Consideration of the same kind of crime, period of crime, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the confession of the criminal defendant and his mistake is divided, and there is no criminal record exceeding the fine);