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(영문) 의정부지방법원 2017.01.20 2016고단4410

위계공무집행방해등

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of seven million won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of B corporation, and the defendant B corporation is a corporation established for the purpose of measurement agency business.

1. Defendant A

A. Violation B Co., Ltd. in the Environmental Examination and Inspection Act was entrusted with the measurement of air pollutants emitted from the operation of a place of business of an incineration boiler by around January 2013, which is a heat supplier.

Defendant

A In fact, “A” did not conduct the first measurement of exhaust gas, dust, sulfur oxide (SOx), sulfur oxide (CO), hydrogen (HCL), and nitrogen oxide (Nx) discharged from the said boiler’s workplace and did not conduct any measurement after securing data. On July 16, 2015, at the office of the said B Co., Ltd. located in the Cheong-si F of the Government-si on July 16, 2015, the analysis officer changed the first data secured in the measurement and analysis value of each item of the atmosphere and issued two copies of the false atmosphere measurement record to enter the results of the measurement within the standard value at will within 764 times from January 9, 2013 to June 16, 2016.

B. In order to prevent or reduce damage to the air environment caused by air pollutants in accordance with the Conservation Act, the competent authorities impose and collect basic dues from every half-year emission charges, taking into account whether the emission of air pollutants exceeds the permissible emission levels, the kinds of air pollutants emitted, the emission volume of air pollutants emitted, and other relevant factors. The competent authorities provide data on the emission volume actually emitted from the relevant business entity during the imposition period of basic dues (hereinafter “determined emission volume”) to ascertain the emission volume necessary for calculating the basic dues on the relevant business entity.