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(영문) 의정부지방법원 2017.10.19 2017고정1756
화학물질관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative of C Master who sells chemical drugs in two weeks, who comprehensively operates and manages all business affairs of the company, as the representative of C Master who sells chemical drugs in two weeks.

When a person who has obtained permission to conduct hazardous chemicals business intends to change any important matters prescribed by Ordinance of the Ministry of Environment among the matters permitted, he/she shall obtain permission for change, and when he/she intends to change other matters

Nevertheless, the Defendant sold a total of 5.746 tons of harmful chemical substances (Cas No. 110-80-5, content No. 99.5%) in Stockholm from November 2, 2016 to March 6, 2017, and did not obtain permission to change the sale business of harmful chemical substances under the Chemicals Control Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official's statement, a certificate of permission to change the sale of harmful chemicals, record of EC receipt, and business registration certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 61 Subparag. 4 and Article 28(5) of the former Chemicals Control Act (Amended by Act No. 14231, May 29, 2016); the choice of fines for criminal facts;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake, and the fact that the permission of change for the sale of harmful chemical substances was obtained after the crime of this case is recognized as normal in favor of the defendant.

However, in light of the content and method of the crime and the legislative intent of the Chemicals Control Act, etc., the crime of this case where the defendant sold harmful chemicals without obtaining permission for change is not less than that of the crime. The crime of this case has been punished several times due to the crime of this kind, the balance of general punishment in the same and similar cases, and the defendant's age, sexual behavior, intelligence and environment as shown in the argument of this case, and the motive and background of the crime of this case.

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