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(영문) 제주지방법원 2016.11.18 2016고정726

화학물질관리법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates ‘C' in Jeju City B.

Any person who intends to conduct hazardous chemical business shall prepare handling facilities, equipment and technical human resources meeting the standards prescribed by Ordinance of the Ministry of Environment and obtain permission from the Minister of Environment for each industry within a period prescribed by Ordinance

Nevertheless, around 14:33 on March 4, 2016, the Defendant received 39,000 won from customers who visited the store of nicotine products with approximately 6.5% content of nicotine products in the 1.5ml container without obtaining permission for hazardous chemical business.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. An appraisal report on poisonous substances;

1. The application of Acts and subordinate statutes to photographs and receipts of products (16 pages of investigation records);

1. Article 58 of the Chemicals Control Act and the selection of punishment for a crime: Article 58 subparagraph 4 of the same Article and Article 28 of the same Act, the selection of fines;

1. Suspension of sentence: Article 59(1) of the Criminal Act (a) of the Criminal Act provides that the public notice issued by the related agency ordering the Defendant to apply for a related business license by March 31, 2016 shall be delivered, and the Defendant was actually applying for a business license on March 4, 2016, and shall be considered as the motive and circumstances of the crime, such as the Defendant’s information on the date of the application, without any criminal record, and the fact that there is no same criminal record, at present, the Defendant does not operate the C, and considering the character, character, environment, occupation, etc. of the Defendant, it shall be judged that there is a significant normal situation that the Defendant divided the crime and will not repeat the crime in the future) [The suspended punishment: 500,00 won for a fine: 10,000 won per day: 10,000 won per day] or more.