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(영문) 울산지방법원 2018.01.17 2017고단3909
대기환경보전법위반
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 4,00,000 won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A as the representative director of corporation B in Yangsan City, A is a person in charge of overall management of the business affairs of the said corporation, and Defendant B is a corporation that engages in plastic wire, wing, pipes, and heading manufacturing, etc. necessary for producing PVC pipes.

1. When he/she operates an emission facility of air pollutants, he/she shall not operate air pollution preventive facilities;

Nevertheless, from November 15, 2016 to July 25, 2017, the Defendant operated the instant company’s place of business, and the plastic facility (100HP x 1st, 50HP x 5st) of the method of voltageing out air pollutants, which is air pollutants emission facilities, and failed to operate the said preventive facility properly by removing existing ids (the device to capture air pollutants) installed in “an air pollution preventive facility by smoking 60/metres,” which is the air pollution preventive facility.

2. Defendant B, at the time and place of the preceding paragraph, committed the above violation against Defendant B, who is the representative director of the Defendant, regarding the Defendant’s business.

Summary of Evidence

1. Statement by each court of the defendant A and the defendant B representative director B

1. Application of Acts and subordinate statutes to the initial investigation report (including accompanying documents);

1. Relevant legal provisions and Articles 89 subparagraph 3 and 31 (1) 1 of the Air Quality Conservation Act concerning criminal facts, and Articles 95, 89 subparagraph 3 and 31 (1) 1 of the Act on the Conservation of Air Environment of Defendant A, who has chosen a sentence of imprisonment, Defendant B who has chosen a sentence of imprisonment, shall be subject to the punishment;

1. Article 62(1) of the Criminal Act of Defendant A (referring to the part of favorable circumstances for sentencing as follows)

1. The reason for sentencing Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), which discharges pollutants into the atmosphere without proper treatment at the time when the public’s health aggravation and the increase of social costs due to air pollution, becomes a major issue, should be subject to criticism.

A part of air pollution prevention facilities.

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