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(영문) 창원지방법원 2014.05.02 2013고단3824

대기환경보전법위반

Text

Defendants shall be punished by a fine of KRW 6,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

On February 18, 2013, the defendant was issued a summary order of KRW 3 million by the Changwon District Court for the violation of the Clean Air Conservation Act.

1. Defendant A is a person who operates Defendant B Co., Ltd. (hereinafter “Defendant Company”) that manufactures vessel components, etc. in Kimhae-si C.

Any person who intends to install a painting facility in at least five cubic meters which is an air pollutant emission facility shall report thereon to the competent authority, as prescribed by Presidential Decree, and shall not conduct business using an unreported emission facility of air pollutants.

Nevertheless, around October 17, 2013, the Defendant installed approximately 3,050 cubic meters seal facilities and operated them using them without reporting to the competent authorities at the above workplace.

2. The Defendant Company committed a violation as described in the preceding paragraph in relation to the Defendant’s business at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the law Nos. 1 to 6, 9, 10, 12, and 13 to the evidence list submitted by the prosecutor

1. Article applicable to criminal facts;

(a) Defendant A: Article 90 subparagraph 1 of the Clean Air Conservation Act and Article 23 (1) of the same Act;

(b) Defendant Company: Articles 95, 90 subparagraph 1, and 23 (1) of the Clean Air Conservation Act;

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

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.