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(영문) 부산지방법원 2012.10.16 2012고단6338

대기환경보전법위반등

Text

1. The Defendants shall be punished by a fine of KRW 1.5 million.

2. Where Defendant A does not pay a fine, 50,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “B”) is a corporation that conducts timber sanctions, etc. in Gangseo-gu Busan Metropolitan Government D, and Defendant A is its actual operator.

1. From June 20, 2012 to June 21, 2012, Defendant A installed one sanctions against air pollutants emission facilities and noise emission facilities (20 miles or more), without reporting the establishment of a competent authority at a place of business B, and operated the business.

2. Defendant B, at the time and place specified in paragraph (1), committed a violation as described in paragraph (1) by the Defendant, who is a substantial operator of the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (No. 1 of evidence submitted by the public prosecutor);

1. Application of statutes on field photographs;

1. Defendant A related to the relevant criminal facts: Articles 90 subparagraph 1, 23 (1) of the Clean Air Conservation Act (the point of operating emission facilities of unreported air pollutants), Article 58 subparagraph 1, and Article 8 (1) of the Noise and Vibration Control Act (the point of operating emission facilities of unreported air pollutants), Article 95, Article 90 subparagraph 1, Article 23 (1) of the Clean Air Conservation Act (the point of operating emission facilities of unreported air pollutants), Article 59, Article 58 subparagraph 1, and Article 8 (1) of the Noise and Vibration Control Act (the point of operating facilities using unreported noise and vibration emission facilities);

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose to impose punishment: Each selective fine

1. Defendant A, who has been detained in a workhouse, has removed the sanctions against the charge of committing a crime [the circumstances favorable to the Defendant] under Articles 70 and 69(2) of the Criminal Act, and the removal of the sanctions against him/her to refuse to conduct more illegal operations [the circumstances unfavorable to the Defendant] (the circumstances unfavorable to the Defendant] that Defendant A had a criminal record of having been punished two times by a fine due to the occurrence of the same crime at the same place, taking into account all the above circumstances, including the motive, means and result of the crime, the age, character and behavior, environment, criminal records, and the circumstances after the crime.