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(영문) 부산지방법원 2013.07.18 2013고단2294

대기환경보전법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 8, 2002, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court due to the violation of the Clean Air Conservation Act, the violation of the Noise and Vibration Control Act, and the violation of the Noise and Vibration Control Act on January 22, 2008. On July 12, 2011, the Defendant was sentenced to a suspended sentence of 10 million won by imprisonment with prison labor for the violation of the Clean Air Conservation Act and the violation of the Noise and Vibration Control Act at the Busan District Court on July 2, 2008. On June 26, 2012, the Defendant was sentenced to a suspended sentence of 10 million by the Busan District Court on July 12, 201. On June 26, 2012, the Defendant was sentenced to a suspended sentence of 3 years by imprisonment with prison labor for the violation of the Clean Air Conservation Act and the Noise and Vibration Control Act on October 20, 2012.

The Defendant did not report to the competent authority on October 13, 2012, from around February 18, 2013 to around February 18, 2013, the Defendant installed one of the sanctions facilities with 30-math and 20-math of the power, which are the emission facilities of air pollutants and noise and vibration emission facilities, in the timber manufacturing chain operated by the Defendant in Gangseo-gu Busan Metropolitan City, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (Installation of unreported atmosphere and noise emission facilities);

1. A written confirmation of violation;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to residents' society and criminal records, investigation reports (suspects' previous convictions and confirmation of details);

1. Subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act on criminal facts, subparagraph 1 of Article 58 of the Noise and Vibration Control Act, and Article 8 (1) of the same Act on the emission facilities of noise and vibration;

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

1. The sentencing factors favorable to the confession and reflect of the facts of the crime in which the punishment of alternative punishment is to be imposed, the business size is not significant, and the removal of the instant facilities, etc. are to be taken, and the Gangseo-gu Busan Metropolitan Government E is to be indiscreet factories and manufacturing facilities.