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(영문) 의정부지방법원 고양지원 2015.06.19 2015고단851
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person operating “D” to reproduce an Acrylic board in Papju City C by reproducing an Acrylic board.

1. Any person who intends to install air pollutants that violate the Clean Air Conservation Act shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor;

Nevertheless, around February 23, 2015, the Defendant, without reporting to the competent authorities, operated the melting and melting facilities using three air pollutants (1.6 cubic meters, 1.04 cubic meters, 2 meters).

2. Any person who intends to install wastewater discharge facilities in violation of the Water Quality and Ecosystem Conservation Act shall obtain permission from the Minister of Environment or file a report thereon with the Minister of Environment;

Nevertheless, around February 23, 2015, the Defendant operated the business using two devices of the light facility (12.35 cubic meters, respectively), which is a wastewater discharge facility, without reporting to the competent authorities, on February 23, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on detection of business places violating environmental-related Acts), factory registration certificate; and

1. Application of Acts and subordinate statutes governing field photographs;

1. Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act, subparagraph 2 of Article 76 of the Water Quality and Aquatic Ecosystem Conservation Act, Article 33 (1) of the Act on the Conservation of Water Quality and Aquatic Ecosystem, the selection of imprisonment for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution has again committed the instant crime with the same criminal records committed four times in the name of the defendant.

However, the defendant has no ability to punish more than a fine, and the size of the facility of this case, the period of crime, the scale of business, and all other conditions of sentencing shall be determined as per the order.

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