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(영문) 의정부지방법원 2015.07.23 2014고정382
대기환경보전법위반등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant shall operate a salt processing business E in Yang-si D.

From January 22, 2013 to June 11, 2013, the Defendant, without obtaining permission from an administrative agency under the jurisdiction of F in the above E plant (F initially filed a report on the installation of air emission facilities to the above original wood boiler, but, in the event of incineration of waste timber buried in cement other than raw timber on the said boiler, it shall be subject to permission to install specified hazardous air pollutants emission facilities under Article 11(1)1 of the Enforcement Decree of the Clean Air Conservation Act and Article 23(1) of the Clean Air Conservation Act, with the knowledge of the fact that he/she operates the waste boiler, which is an emission facility subject to permission for installation, by means of incineration of raw timber and cement buried in the original wood boiler, and purchased heat emitted from the main boiler, and made it easier for F to conduct the operation thereof, thereby aiding and abetting F’s operation using the said unauthorized emission facilities.

[Defendant did not assist F in committing the instant crime, as he did not know of cement incineration in the original wood boiler, and did not assist F in aiding and abetting the instant crime. However, in light of the Defendant’s attitude and situation at the time of crackdown acknowledged by the following evidence, the gist of evidence is sufficiently recognized.]

1. Legal statement of witness G;

1. A written confirmation of violation;

1. Each investigation report (verification of whether or not timber is incinerated, whether or not it is proper, and examination of emission of specified hazardous air pollutants in waste timber incineration facilities buried in MDF timber and cement);

1. On-site photographs;

1. Copy of business registration certificate, copy of lease contract, copy of documents related to alteration of factory registration, and certificate of completion of report on installation of standby emission facilities;

1. Application of the Acts and subordinate statutes to the results of cement heavy metal analysis at home and abroad ( September 2013);

1. Relevant Articles 89 subparagraph 1 and 23 (1) of the Clean Air Conservation Act, and Article 32 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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