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(영문) 의정부지방법원 2016.02.15 2015고정2761
대기환경보전법위반
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. A person who has filed a report on emission facilities shall install facilities to prevent air pollution in order to ensure that pollutants emitted from such emission facilities reach or exceed the permissible emission levels, when he/she installs or alters the relevant emission facilities;

Nevertheless, the Defendant reported to install 49 leisure boats per air pollution prevention facilities on August 23, 2010, along with a grown grown grown grown grown grown grown grown grown grown grown grown grown grown grown grown grown, and actually installed 16 leisure boats per flag and 33 krown grown growns per flag.

2. Any person who intends to install air pollution emission facilities shall file a report thereon with the competent administrative agency;

Nevertheless, the Defendant did not file a report with the competent administrative agency on June 2013 at the same place as Paragraph 1. (b) and on April 2014, at the same time as Paragraph 1. (c) (20 EMx1) and on the installation and operation of painting facilities (5 EMx1).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on installation of atmosphere emission facilities;

1. On-site photographs and photographs of each damer;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 89 Subparag. 2, Article 26(1) of the former Conservation Act (amended by Act No. 10893, Apr. 28, 201); Article 90 Subparag. 1, Article 23(1) of the former Air Quality Conservation Act (amended by Act No. 11998, Aug. 6, 201); each of the options of fines for negligence, Article 23(1) of the former Conservation Act (amended by Act No. 11998, Apr. 28, 2011);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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