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(영문) 인천지방법원 2016.12.01 2016고단4505
대기환경보전법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by a fine of four million won in case of Defendant B.

However, against Defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of the manufacture, sale and export of household, and the defendant A is the representative director of the above corporation B.

1. Defendant A

(a) Any person who intends to install control facilities exceeding 15kw of power, which are emission facilities violating the Clean Air Conservation Act, shall file a report on the installation of standby emission facilities with the competent authority;

From November 5, 2015 to June 14, 2016, the Defendant, at the place of business in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, (B), and (3) operated the manufacturing operation of households using one device of a power-generating facility 15kw, which is an air pollutant emission facility installed without reporting to the competent authorities.

(b) A person who intends to install more than 15 km of power which is a noise and vibration emission facility in violation of the Noise and Vibration Control Act shall report the installation of noise and vibration emission facilities to the competent authority;

The Defendant, without reporting to the competent authorities at the date and time and place specified in paragraph (1) of this Article, operated a manufacturing operation of households using a 15 km regulor of power, which is a noise and vibration emission facility.

2. The Defendant B, at the time and place specified in paragraph (1), was engaged in manufacturing households using air pollutants and noise and vibration emission facilities installed without reporting the Defendant’s business to the competent authorities as above.

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of Defendant A by the public prosecutor;

1. Application of Acts and subordinate statutes to the investigation report (report on confirmation of the current status of air pollution by City/Do), one output of the order of E/Do, three copies related to the violation (B), three copies of a photograph related to the violation (Report on confirmation of the previous natural green belt), investigation report (B), land use plan inspection report (natural green belt), residents' inquiry and criminal records, one copy of summary order of the Incheon District Court, business registration certificate, certified transcript of register, investigation report (verification of the

1. Article applicable to the facts constituting an offense and the defendant A who has chosen a sentence.

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