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(영문) 인천지방법원 2012.11.15 2012고단10000

대기환경보전법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

1. The defendant A is the representative of the corporation B that carries on the oil-free beeing manufacturing business in Gyeyang-gu Incheon, Incheon.

Any person who intends to install a facility emitting air pollutants shall report to the Minister of Environment.

Nevertheless, from October 14, 2009 to July 16, 2012, the Defendant, without reporting at the above B’s place of business, installed 6 meters for manufacturing rubber and plastic products (5 meters in cubic meters, 2.68 cubic meters, 1 meters in cubic meters) which are air pollutant-emitting facilities.

2. Defendant B, a representative of the Defendant, installed and operated a facility emitting air pollutants without reporting the Defendant’s business to the Minister of Environment as prescribed in the preceding paragraph.

Summary of Evidence

1. Defendant A’s legal statement

1. A written confirmation of violation and on-site photographs;

1. Business registration certificate, certified transcript of corporate register, and statutes;

1. Defendant A of the pertinent law on criminal facts: Article 90 subparagraph 1 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act, and Article 95, Article 90 subparagraph 1 of the Clean Air Conservation Act, and Article 23 (1) of the Clean Air Conservation Act;

1. Defendant A who has selected the penalty: Imprisonment ( Taking into account the fact that the person has been sentenced to a fine and five times due to the same violation of the Clean Air Conservation Act);

1. Defendant A who is under the suspension of execution: Article 62 (1) of the Criminal Act (including the fact that a factory is being transferred, the fact that a person has no record of criminal punishment except for the previous conviction of a fine, and the result of analysis of the ingredients of sample collection);