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(영문) 인천지방법원 2014.03.27 2013고단7651
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a household manufacturing firm with one another in Seo-gu, Incheon.

A person who intends to install a painting facility, the volume of which is at least five cubic meters or the volume of power of which is at least three miles, shall file a report on installation of a facility emitting air pollutants with the competent authority, while a person who intends to install a compressed machine with a power of at least ten miles, shall file a report on installation of a noise and vibration emission facility with the competent authority.

Nevertheless, from January 12, 2013 to August 26, 2013, the Defendant, without reporting to the competent authorities, installed one unit of painting facilities (15-mast compresseds), which are air pollutants emission facilities, at the same time as air pollutants emission facilities, at the same workplace.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of each of the Acts and subordinate statutes described in the criminal report and investigation report (No. 4, 5, 9 as evidence submitted by the prosecutor);

1. Subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act concerning facts constituting a crime, and subparagraph 1 of Article 58 and Article 8 (1) of the Noise and Vibration Control Act (the point of operating emission facilities using noise and vibration emission facilities);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the "disforth sentence reasons") of the suspended sentence has a record of being sentenced to a fine three times with the previous case, the defendant is led to the confession of and reflect against the fact of the crime, and there is no particular criminal record in the recent years except the above previous case, and it appears that he will transfer his establishment and transfer his establishment while the trial is in progress. In full view of various circumstances such as the size of the facility and operation period of the instant case, the defendant's age, environment, criminal record, and circumstances after the crime

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