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(영문) 인천지방법원 2016.09.22 2016고단4498
대기환경보전법위반등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to install a restrictive facility with any power violating the atmospheric environment conservation Act 15 km or more shall report the installation of a atmospheric emission facility to the competent authority;

Nevertheless, the Defendant, without filing a report on the installation of air discharge facilities with the competent authority from July 18, 2014 to June 13, 2016, installed and operated a sanctions facility of 37.3kw, which is a air discharge facility, in the above place, one device for the sanctions against power generation facilities, and one device for power generation 22.3kw.

(b) A person who intends to install a control device with a power violating the Noise and Vibration Control Act 15 km or more shall report the installation of noise emission facilities to the competent authority;

Nevertheless, the Defendant, without filing a report on the installation of noise emission facilities with the competent authority from July 18, 2014 to June 13, 2016, installed and operated one of the sanctions period of 37.3.kw, which is a noise emission facility, in the same place, at the same time from July 18, 2014.

2. Defendant B Co., Ltd. committed the same offense as that of the Defendant’s business in relation to the Defendant’s business at the same time and at the same place as above 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Certificates of violation, business registration certificates, and photographs of field of violation;

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

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Subparagraph 1 of Article 90 of the Air Quality Conservation Act, Article 23(1) (the installation and operation of an unreported air pollutant emission facility) of the same Act, subparagraph 1 of Article 58 and Article 8(1) of the Noise and Vibration Control Act (the installation and operation of an unreported noise and vibration emission facility);

(b) Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the Air Quality Conservation Act; Articles 59, 58 subparag. 1, and 8(1) of the Noise and Vibration Control Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. The choice of punishment (defendant A) by imprisonment;

1. Article 62(1) of the Criminal Act (Article 62(1) of the Suspension of Execution (Defendant A) (The consideration in favor of the reasons for sentencing as follows);

1. The order of provisional payment (Defendant B).

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