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(영문) 창원지방법원 2013.04.18 2013고정92
대기환경보전법위반등
Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant operates C, which is a manufacturer of assembled metal products, in Kim Sea-si B.

1. Any person who intends to install a facility emitting air pollutants in violation of the Clean Air Conservation Act shall file a report with the competent authority, and shall not install emission facilities which are not reported, or operate business using such emission facilities;

Nevertheless, the Defendant, without filing a report with the competent authority, was operated by using one device from the mid- June 2, 2008 to April 2, 2012, using one device from the end-of-round 800 cubic meters of volume 800 cubic meters of volume, which is an air pollutant-emitting facility, at the said place of business. The Defendant installed one device from the 32.76 cubic meters of volume 32.76 cubic meters of volume, which is an air pollutant-emitting facility, at the said time and place, and operated two equipment from the beginning of December 2009 to April 2, 2012, which is the air pollutant-emitting facility, at the said place of business.

2. A person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall file a report with the competent authority, and shall not install emission facilities which are not reported or conduct business using such emission facilities;

Nevertheless, the Defendant, without reporting to the competent authorities, installed 15-man air compressioners of power-generating power, which are noise emission facilities, from June 2, 2008 to April 2, 2012, and 15-man air compressioners of power-generating power, which are noise emission facilities, from September 2, 2010 to April 2, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written confirmation of violation;

1. Application of Acts and subordinate statutes governing the street of violating workplace and installation photographs of facilities;

1. Relevant Article and Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act, Article 58 subparagraph 1 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control Act, the selection of fines for a crime;

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

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

4. The Criminal Procedure Act;

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