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(영문) 인천지방법원 2016.08.22 2016고단4509
대기환경보전법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director B in Seo-gu Incheon, and the defendant B is a corporation established for the purpose of manufacturing households.

1. Defendant A

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

Nevertheless, the Defendant did not report the installation of air discharge facilities to the competent authority on January 5, 2016, and installed and operated a 17.3kw control facility, which is a air discharge facility, in Seo-gu Incheon, Seo-gu from January 1, 2016 to June 13, 2016, respectively.

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

Nevertheless, the Defendant did not report the installation of noise emission facilities to the competent authority from January 5, 2016 to June 13, 2016. A. The Defendant installed and operated 17.3kw of a power-generating facility at the place indicated in the port.

2. Defendant B, at the date, time, and place of the above paragraph 1, Defendant B, the representative director of the Defendant, committed the same violation as the above paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to photographs verifying the violation site;

1. Relevant legal provisions, the choice of punishment, and Defendant A with respect to facts constituting an offense: Article 90 subparag. 1, Article 23 subparag. 1, Article 58 subparag. 1, and Article 8(1) of the Noise and Vibration Control Act, Article 95, Article 90 subparag. 1, Article 23(1) of the Air Quality Conservation Act, Article 58 subparag. 1, and Article 8(1) of the Noise and Vibration Control Act, and Article 95, Article 90 subparag. 1, Article 23(1) of the same Act, Article 59, Article 58 subparag. 1, and Article 8(1) of the Noise and Vibration Control Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Order of community service (Defendant A).

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