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(영문) 창원지방법원 2013.06.25 2013고정93
대기환경보전법위반
Text

1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is running the prefabricated Metal Products Manufacturing Business Co in Kimhae-si B.

Any person who intends to install a facility emitting air pollutants shall file a report with the competent authority, and shall not install the facility without filing a report, or operate the facility using the facility.

Nevertheless, the Defendant, without reporting to the competent authority, installed two heating lines from March 2, 2009 to April 22, 2012, which are air pollutants emission facilities, at the said workplace, using two heating lines from March 2009 to August 26, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to certificates of violation and photographs on site;

1. Article 90 subparagraph 1 of the Clean Air Conservation Act and Article 23 (1) of the same Act concerning the selection of applicable laws and punishment for a crime;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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