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(영문) 광주지방법원 순천지원 2017.02.08 2016고단1087

환경분야시험ㆍ검사등에관한법률위반

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the head of the B management office, and the defendant B is a corporation established for the purpose of conducting air pollutants measurement as an agent while conducting air measuring agency business.

1. A measurement agent of a defendant A shall record the results of environmental pollution measurement and analysis conscientiously as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, on February 5, 2015, the Defendant issued a false test report to six companies, such as the list of crimes in attached Table 2 to November 3, 2015, as shown in the list of crimes, on the following occasions: (a) although the Defendant, on behalf of the Defendant, performed the measurement of rain, etc., which is an air pollutant generated at the facilities for the treatment of Maritime Affairs (each Chapter), in the office of the company B located in the Namcheon-si, Namcheon-si, and on behalf of the Defendant, separately analyzes the gaseous substance and gaseous substance and issues the test report in total; (b) although the non-product gas substance is not analyzed, it is not analyzed, and as a result, prepares a false test report as if the value was the result of the total measurement of the non-product, and then issues a false test report to the six companies.

2. Defendant B, a defendant, at the time and place described in the preceding paragraph, issued a test report in a false manner as described in the preceding paragraph.

Summary of Evidence

1. Legal statement of the witness D;

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. The current status of the issuance of test results for non-point items, and the application of measurement agency business registration certificate statutes;

1. A person who is subject to applicable provisions of the Environmental Examination and Inspection Act and a person who is subject to punishment: Article 33 subparag. 7 and Article 18 subparag. 1 of the Environmental Examination and Inspection Act; Defendant B who is subject to fine: Articles 34, 33 subparag. 7 and 18 subparag. 1 of the Environmental Examination and Inspection Act; Selection of fine;

1. Defendants to be suspended from sentence: Fines of three million won each; and

1. Defendant A to be detained in a workhouse: Articles 70(1) and 69 of the Criminal Act.