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(영문) 인천지방법원 2013.12.19 2013고단7857
대기환경보전법위반등
Text

Defendant

A fine of KRW 2,00,000 shall be punished.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative operating metal surface processing company with the trade name "C" in Seo-gu Incheon Metropolitan City.

1. In cases where it is intended to install painting facilities, drying facilities, or slope facilities with the capacity of at least 5 cubic meters in violation of the Clean Air Conservation Act or with power of at least 3 miles, the report on installation of emission facilities to the competent authority shall be filed with the competent authority;

Nevertheless, from November 201 to August 26, 2013, the suspect installed and operated one unit of power 49 mastsp station facilities, which are air pollutant emitting facilities, without reporting the installation of air pollutant emission facilities to the competent authority from around November 2012 to August 26, 2013. From around January 201, to August 26, 2013, the suspect installed and operated one unit of 43.2 cubic meters (4 meters x 4 meters x 4 meters x 2.7 meters x 4 meters x 4 meters x 4 meters x 2.7 meters) of painting facilities, and one unit of dried facilities, which are 43.2 cubic meters (5 meters x 4 meters x 4 meters x

2. In cases where a person intends to install a sloping with the power exceeding 10 miles in contravention of the Noise and Vibration Control Act, he shall file a report on the installation of noise emission facilities with the competent authority;

Nevertheless, the suspect, from November 2012 to August 26, 2013, installed one motor vehicle 49-math fraud, which is a noise emission facility, without reporting noise emission facilities to the competent authorities at the above location.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. Application of the Acts and subordinate statutes for reporting criminal facts and investigation reports

1. Article 90 subparagraph 1 of the relevant Article of the Clean Air Conservation Act, Article 23 (1) of the Noise and Vibration Control Act, Article 58 subparagraph 1 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (including the confession that the defendant is making a confession of a crime, and the fact that the defendant is the primary offender);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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