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(영문) 울산지방법원 2015.05.15 2015고정317

대기환경보전법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of B in Yangsan City, and the defendant corporation B is a corporation established for the purpose of metal processing business, etc.

1. Any person who intends to install a facility emitting air pollutants of Defendant A shall file a report on the installation of air emission facilities, and shall not install emission facilities without filing a report, or operate any business using such emission facilities;

Nevertheless, from March 25, 2014 to March 27, 2014, the Defendant, without filing a report, installed one electric-powered painting facility with 15 miles capacity, which is a facility emitting air pollutants, at the said place of business.

2. As to the Defendant B’s business affairs, A, the representative of the Defendant, committed the same act as that set forth in paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. A public official statement in D;

1. A written confirmation of violation;

1. A copy of business registration certificate, a certificate registered, and a copy of permission for installation of atmosphere emission facilities;

1. Application of the Acts and subordinate statutes governing the violation of environmental law;

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

A. Defendant A: Article 90 Subparag. 1 and Article 23(1) of the Clean Air Conservation Act; selection of fines

(b) Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the Clean Air Conservation Act;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act