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(영문) 인천지방법원 2018.05.17 2017고단8496

대기환경보전법위반

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. A person who intends to install the emission facility of Defendant A shall obtain permission from, or report to, a competent authority, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the competent authority, installed a 30kW mixture facility, which is an air pollutant-emitting facility, at the same workplace from August 2017 to October 20, 2017, and operated the same.

2. A, the representative of Defendant B Defendant B, committed the above act of violation in relation to the Defendant’s business at the date and place specified in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certificate of violation;

1. A certified copy of each land use plan, written order of administrative disposition, matters to confirm facilities B, and certified copy of a corporate registry;

1. Application of each statute on photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 1 of Article 90 of the Air Quality Conservation Act and Article 23 (1) of the same Act (or choice of imprisonment);

(b) Defendant B: Article 95 of the Air Quality Conservation Act, and Article 90 Subparag. 1, and Article 23(1) of the same Act;

1. Defendant A who is subject to suspended execution: Article 62(1) of the Criminal Act (the following sentencing shall be taken into account, etc.);

1. Defendant B: Defendant B is against the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act, but the period for which the instant facility was operated without reporting is reasonable, and the motive and circumstances of the crime, character and conduct of Defendant A, environment, etc. are considered.