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(영문) 부산지방법원 2014.02.19 2013고정4130

대기환경보전법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of "B" corporation, and the same corporation B is a corporation established for the purpose of manufacturing furniture and parts.

1. Defendant A:

(a) A person who intends to install air emission facilities (limited to facilities with a capacity of at least 20 miles) under Article 23 (1) of the Clean Air Conservation Act shall report to the head of the competent Gu, as prescribed by Presidential Decree;

Nevertheless, from October 2007 to April 10, 2013, the Defendant installed a sanction facility (23max2) in Busan Gangseo-gu F Company F located in Gangseo-gu, Busan.

(b) A person who intends to install noise emission facilities (limited to sanctions against noise emission facilities with a capacity of not less than 20 miles, and air compresseders with a capacity of not less than 10 miles) under Article 8 (1) of the Noise and Vibration Control Act shall report to the head of the competent Gu, as prescribed by Presidential Decree;

Nevertheless, the Defendant established two sanctions (23Max2) and three air compresseders (20Max2, 10Max1) at the same time and place as above, and operated them without reporting.

2. The same corporation B (Representative A) violated the above provisions in relation to the defendant's business at the same period and place as the above "A" and "B".

Summary of Evidence

1. The suspect interrogation protocol of the defendant A by the police;

1. A report on investigation;

1. Application of statutes on site photographs;

1. Defendants of the pertinent law on criminal facts: Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act; Articles 58 subparagraph 1 and 8 (1) of the Noise and Vibration Control Act; Defendant B: Article 95 of the Clean Air Conservation Act; Article 59 of the Noise and Vibration Control Act

1. Defendant A: Selection of a fine for negligence;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

1. Costs of lawsuit;