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(영문) 의정부지방법원 2018.08.16 2018고정948
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the actual operator of Defendant B, and Defendant B is a corporation established for the purpose of advertising painting and manufacturing.

1. Defendant A- Any person who intends to install a emission facility in violation of the atmospheric environment conservation Act (in compliance with a report on installation of a emission facility of air pollutants) shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor

Nevertheless, from January 1, 2018 to February 22, 2018, the date on which the Defendant was discovered, the Defendant installed and operated a painting facility (road 8m, vertical 6m, height 6m, 6m, volume: 288 cubic meters), which is a competent authority, within the place of business of a stock company B located in Gyeonggi-si, Gyeonggi-si, without reporting to the competent authority.

2. Defendant B Co., Ltd. - Violation of the Air Quality Conservation Act (Joint Penalty Provisions) was committed by Defendant A in relation to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation and a written accusation (public official in charge of accusation);

1. Application of Acts and subordinate statutes to field photograph data at the time of detection;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 90 Subparag. 1 and Article 23 Subparag. 1 of the Air Quality Conservation Act; selection of fines

(b) Defendant B: Articles 95, 90 subparag. 1, and 23 subparag. 1 of the Air Quality Conservation Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: It is recognized that the Defendants’ reason for sentencing of Article 334(1) of the Criminal Procedure Act are against the crime committed by the Defendants.

On the other hand, however, in light of the legislative purpose of the Air Quality Conservation Act, the size of painting facilities, etc.

There is no report until now, the defendant A has been sentenced to a fine for the same kind of crime, the balance of general punishments in the same and similar cases, and the age, sex, environment, etc. of the defendant A.

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