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(영문) 수원지방법원 평택지원 2018.08.10 2018고정148

대기환경보전법위반

Text

[Defendant A] The defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant corporation B located in Ansan-si, and the defendant corporation B is a corporation established mainly for the production of non-metallic materials for recycling.

1. Notwithstanding the fact that a person who has obtained permission or permission for alteration, or has filed a report or a report on alteration under Article 23(1) through (3) of the Air Quality Conservation Act is prohibited from operating preventive facilities when he/she operates emission facilities, the Defendant was unable to operate preventive facilities by means of closing the absorption equipment of preventive facilities when he/she operates emission facilities on August 21, 2008. < Amended by Act No. 1407, Sep. 28, 2017>

2. Defendant B, a representative of the Defendant Company, committed the same offense as that described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Investigation report (report on the currency of a public official in charge);

1. A report on results;

1. A certified copy of corporate registry;

1. Business registration certificate;

1. A certificate of report on the installation of atmosphere emission facilities;

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 3 of Article 89 of the Air Quality Conservation Act and Article 31 (1) 1 of the same Act (Selection of a punishment);

(b) Defendant B: Articles 95, 89 subparag. 3, and 31(1)1 of the Air Quality Conservation Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act