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(영문) 대구지방법원 김천지원 2015.11.18 2015고단1068

대기환경보전법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000 and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of the B Co., Ltd. in the Gu and the defendant B Co., Ltd. is a corporation established for the purpose of manufacturing and selling electronic precision products.

1. A person who intends to install an emission facility of air pollutants against Defendant A shall obtain permission from the Mayor/Do Governor or report to the Mayor/Do Governor, as prescribed by Presidential Decree, and shall not conduct any business using the emission facility without obtaining such permission;

Nevertheless, from August 2008 to July 10, 2015, the Defendant, without obtaining permission from the head of the Gu/U.S. from the above workplace, used a free product acid treatment facility (20 cubic meters, 20 cubic meters, 200 cubic meters) which is an air pollutant emission facility.

2. The defendant, who is the representative director of the defendant B, committed the same violation as the above Paragraph 1 in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Written Statements ( dated 20, 2010);

1. Investigation report (to examine whether the facilities are subject to permission);

1. A written confirmation of violation ( dated 10, 2015);

1. Application of Acts and subordinate statutes to the certified transcript of corporate register;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 89 Subparag. 1 and Article 23(1) of the Clean Air Conservation Act (Selection of fine: Consideration, such as the fact that the Defendant recognized the instant crime and reflects the fact that the Defendant completed the permission to emit air pollutants on July 31, 2015 after the control of the instant case, and that the Defendant is an initial offender who has no record of criminal punishment until this system)

(b) Defendant B corporation: Articles 95, 89 subparagraph 1, and 23 (1) of the Clean Air Conservation Act;

1. Defendant A at 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