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(영문) 서울동부지방법원 2017.04.27 2016고단4524

대기환경보전법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Air Quality Conservation Act at the Seoul Eastern District Court on the 24th day of the same month.

Criminal facts

The defendant is a person who sells high-class parts, etc. with the trade name of D in Seongdong-gu Seoul Metropolitan Government.

A person who intends to install emission facilities shall file a report on the installation of emission facilities to the competent authority.

Nevertheless, on October 25, 2014, from around October 27, 2016 to around October 27, 2016, the Defendant provided an air compresseder, smoke, presses, paint, etc. necessary for painting work at the above-mentioned place of business with a scale of 72.7m3 from around October 25, 2014 to about an average of about five cargo capitals.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of inquiry of criminal history and investigation reports (a copy of the text of the judgment, a report accompanied by confirmation date);

1. Subparagraph 1 of Article 90 and Article 23 (1) of the Conservation of the Air Quality Act concerning facts constituting a crime;

1. Selection of penalty: Imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the Criminal Act provides an opportunity for the defendant to take into consideration his/her family economy and the fact that the defendant is responsible for committing a crime, and requires the observation of protection);

1. Protection observation: It shall be decided as per the Disposition on the grounds of not less than 62-2 of the Criminal Act;