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(영문) 인천지방법원 2014.02.06 2013고단7652

대기환경보전법위반등

Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is a person operating a “stock company B” in Seo-gu Incheon, Seo-gu, Incheon, and Defendant B is a corporation incorporated for the purpose of shipbuilding.

1. A person who intends to install a dust-emitting facility with at least 300 kw per hour of Defendant A and at least 20 man-powered power shall file a report on the installation of an air pollutant-emitting facility with the competent authority; and a person who intends to install a dust-emitting facility with at least 10 man-hour power shall file a report on the installation of noise and vibration emission facilities with the competent authority;

Nevertheless, from January 1, 2013 to August 26, 2013, the Defendant installed a 350-kw-hour and a spug-powered 30-hour, a power-generating facility, without reporting the installation of air pollutants emission facilities and noise and vibration emission facilities to the competent authority at the above workplace.

2. A, the representative of Defendant B’s Defendant B, installed and operated air and noise emission facilities without reporting the installation of emission facilities to the competent authority in relation to the business at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts: Article 90 subparagraph 1 of the Clean Air Conservation Act and Article 23 (1) of the same Act, subparagraph 1 of Article 58 of the Noise and Vibration Control Act, and Article 8 (1) of the same Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for the reasons under Article 334 (1) of the Criminal Procedure Act;