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(영문) 수원지방법원 안산지원 2013.10.01 2013고단1058
대기환경보전법위반
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 10,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant B corporation located in Ansan-si, Ansan-si, who is a general manager in charge of environmental management, etc. of the above company, and the defendant B corporation is a corporation established for the purpose of manufacturing and selling animal and plant properties.

1. When Defendant A operates an air pollutant emission facility, he/she shall operate air pollution preventive facilities;

Nevertheless, at around 17:00 on February 7, 2013, the Defendant operated three parts of the extraction facilities (number 13 cubic meters x 2:8 cubic meters x 1) from among the five air pollution prevention facilities connected thereto while operating the business at the place of “B Co., Ltd., Ltd.,” and at around 17:00, the Defendant did not operate only the facilities (number 650 cubic meters metres) by the fourth absorption (number 650 cubic meters) from among the five air pollution prevention facilities connected thereto, and did not operate the facilities (number 54 cubic meters metres 54 cubic meters metres), the three parts of the facilities (number 54 cubic meters metres), the three parts, the absorption, the absorption, and the five parts of the facilities (number 750 cubic meters metres metres) by the absorption (number

2. Defendant B Co., Ltd. committed a violation as prescribed in paragraph (1) in relation to the Defendant’s business at the time and place under Paragraph (1).

Summary of Evidence

1. Each legal statement of witness L and M;

1. Examination protocol of Defendant A by the prosecution;

1. Written statements;

1. A written confirmation of violation;

1. Application of statutes to certificates of report on the establishment of malodor-emitting facilities, business registration certificates and standby emission facilities;

1. Defendant A: Article 89 subparagraph 3 of the Clean Air Conservation Act and Article 31 (1) 1 of the same Act (the operation of emission facilities without operating preventive facilities, the operation of emission facilities, the choice of imprisonment with labor): Defendant B stock company: Articles 95, 89 subparagraph 3 and 31 (1) 1 of the Clean Air Conservation Act (the fact that the representative of a corporation has not operated preventive facilities, the operation of emission facilities, the selection of fines);

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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