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(영문) 인천지방법원 2016.09.08 2016고단4508
대기환경보전법위반등
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who operates “B” a household manufacturing business entity in Seo-gu Incheon Metropolitan City.

A person who intends to install a control facility with a power of at least 15 kmw shall report the installation of an air pollutant emission facility to the competent authority, and a person who intends to install a control facility with a power of at least 15 kmw shall report the installation of a noise emission facility to the competent authority.

Nevertheless, the Defendant did not report the installation of air pollutants emission facilities and the installation of noise emission facilities to the competent authority, and installed 15 kw control facilities in the “stock company B” factory from October 17, 2015 to June 14, 2016, which are air pollutants emission facilities and noise emission facilities.

2. Defendant B, a representative of the Defendant, did not report the installation of air pollutants emission facilities and noise emission facilities to the competent authority as described in the foregoing paragraph (1) and installed 15kw sanctions facilities, which are air pollutants and noise emission facilities, at a factory located in Seo-gu Incheon, from October 17, 2015 to June 14, 2016, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of a violation confirmation, on-site photographing statute;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) (the installation and operation of facilities emitting unreported air pollutants), Article 58 subparagraph 1 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control Act (the installation and operation of facilities emitting noise and vibration not reported);

(b) Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the Clean Air 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. Selection of the punishment (Defendant A) imprisonment;

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (The following consideration shall be given in favor of the reasons for sentencing);

1. The Criminal Procedure Act;

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