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(영문) 수원지방법원 2017.05.18 2016고단8114
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant violated the Air Quality Conservation Act: (a) a person operating a household product manufacturing chain C in the area B and three parcels outside of the wife population B, and (b) a seal building facility, a water pipe, a sanction facility, and a compressed machine, without reporting the installation of a standby emission facility at the said workplace; and (c) a closure order was issued on June 12, 2015 by the competent authority upon receiving an order for closure from the competent authority.

Nevertheless, from January 2016 to October 27, 2016, the Defendant, at the same place of business, installed a painting facility (use: approximately approximately 204.28 cubic meters; power: 37K x 1 brackers) and drying facilities (use: 154.28 cubic meters) which are re-reported discharge facilities at the same place of business.

2. He/she shall not construct or install any building or other facilities, or alter the purpose thereof, in violation of restrictions on the use, type, size, etc. of a building or other facilities in an area or district for use under Article 76 of the National Land Planning and Utilization Act;

The Defendant, at the same time, at the same place as Paragraph 1, was unable to operate a furniture product manufacturer as a natural green area, and even though he was unable to install a atmosphere emission facility, the Defendant installed a painting facility, building facility, etc., which is an air pollutants emission facility, and operated a furniture product manufacturer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Reporting (C, etc.) on the results of verifying the implementation of administrative dispositions;

1. Each investigation report (assigning data for confirmation of geographical timber, etc., and verification of the timing of re-establishment of emission facilities);

1. Business registration certificate and a detailed statement of transaction;

1. Application of statutes on field photographs;

1. The relevant Article of the Act on the Conservation of Air Quality, and Articles 90 subparagraph 1, 23 (1) (the occupation of installation and operation of unreported emission facilities), Article 141 subparagraph 4, Article 76 (Occupancy of Installation of Facilities Violating Restrictions) of the National Land Planning and Utilization Act, and the selection of fines for each crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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