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(영문) 창원지방법원 2013.11.19 2013고정1175

대기환경보전법위반

Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates the “B” as a steel structure manufacturer.

Any person shall, when he/she installs a atmospheric emission facility (a painting facility with a volume of not less than five square meters or with a power of not less than three miles), file a report on installation of a atmospheric emission facility with the competent authority.

Nevertheless, from December 2, 2012 to April 12, 2013, the Defendant installed and operated a seal facility equivalent to 5,958.4 cubic meters, which falls under air emission facilities, without reporting the installation of air emission facilities, at the places of business located in Kimhae-si, and without installing the air emission facilities, and thereby discharged paint dust, total hydrocarbon (THC) and malodor (VHC) into the atmosphere.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused and D by the prosecution;

1. E statements;

1. Written accusation and written confirmation of violation;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act and Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act concerning the selection of punishment for a crime;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.