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(영문) 의정부지방법원 2015.07.03 2015고단1613
대기환경보전법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall install emission facilities producing specified hazardous air pollutants, or conduct any business using such emission facilities without permission from the Mayor/Do Governor.

Nevertheless, around December 5, 2014, the Defendant installed waste incineration facilities (e.g., incineration capacity of 583cc/hour) which are air pollutant emitting facilities without permission from the two states market at “D,” which is operated by the Defendant in Yangju-si, Yangju-si, and retired MPF timber generated by salting hydrogen and cadmium, which are specified hazardous air pollutants, as the above facilities.

Accordingly, the defendant installed emission facilities that produce specified hazardous air pollutants without permission of the two main markets, and operated them using such emission facilities.

Summary of Evidence

1. Defendant's legal statement;

1. E-certification;

1. Police investigation report (examination related to emission of air pollutants from waste timber incineration facilities);

1. Application of on-site photographs, reports on the installation of standby emission facilities, and public documents (the detection of specified hazardous air pollutants in timber incineration facilities);

1. Relevant Article and Articles 89 subparagraph 1 and 23 (1) of the Clean Air Conservation Act and imprisonment with prison labor for a specific crime;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act: The person continuously commits the instant crime even though he/she was subject to criminal punishment on three occasions for the same kind of crime, and discharges specified hazardous air pollutants, thereby causing harm to public health or the environment;

(k) favorable normal conditions: reflects on one’s mistake, currently using original trees;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.

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