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(영문) 창원지방법원 2017.08.09 2017고단1645
대기환경보전법위반
Text

Defendant

A The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B in Kimhae-si, and the defendant corporation B is a corporation established for the purpose of manufacturing high pressure tanks and shipbuilding machinery.

1. A person who intends to install emission facilities of Defendant A shall obtain permission or report to the competent agency;

Nevertheless, from March 2017 to March 27, 2017, the Defendant did not file a report while operating the said place of business, and installed one device in the capacity of 43.2 cubic meters, which is a waiting emission facility, and operated by using it.

2. Defendant B Co., Ltd. committed the same offense as that set forth in paragraph (1) against Defendant A, a representative director, in connection with the Defendant Company’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to public officials statements;

1. Defendant A: Articles 90 subparag. 1 and 23(1) (Punishment of imprisonment) of the atmospheric environment conservation Act; Articles 95, 90 subparag. 1 and 23(1) (a) of the atmospheric environment conservation Act; Articles 95, 90 subparag. 1 and 23(1) of the atmospheric environment conservation Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 334 (1) of the Criminal Procedure Act (in the case of the order of provisional payment, the sentencing is not set in the sentencing criteria);

1. Sentence A: Imprisonment with prison labor for a period of one year and two years of suspended execution: Grounds for an aggravated sentence of two years: Imprisonment for six months and suspended execution of imprisonment: Non-gradation of the liability for the crime related to fine dust, the same previous conviction (two times of punishment): confession and separate proceeding of party members ( approximately 5652 high-level party members), etc.;

2. Type B of defendant corporation: A fine of three million won: A fine of three million won.

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