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(영문) 서울중앙지방법원 2014.02.06 2013고정6690
소음ㆍ진동규제법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operates a printing company with the trade name “C Co., Ltd.” in Jung-gu Seoul Metropolitan Government B building.

A person who intends to install and operate discharging facilities (printed machinery with at least 50 miles) in a residential area under the National Land Planning and Utilization Act shall obtain permission from the Special Self-Governing Province Governor or the head of Si/Gun/Gu

From April 30, 2010 to August 20, 2013, the Defendant installed and operated noise emission facilities without permission by installing one studio 73ma type (2010 type), a type of printing machine, at a plant of approximately 50 square meters in a residential area, which is located within a residential area.

Summary of Evidence

1. Defendant's legal statement;

1. The accusation, on-site photographs;

1. Application of Acts and subordinate statutes confirming land use plans;

1. The phrase “Article 57 subparag. 1 of the Noise and Vibration Control Act” as stated in the pertinent Article of the facts constituting an offense and in the indictment for the selection of punishment shall be deemed to be clearly clerical error in the “Article 57 subparag. 1 of the Noise and Vibration Control Act”. Articles 57 subparag. 1 and 8(1) of the Noise and Vibration Control Act, the selection

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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