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(영문) 청주지방법원 2019.09.05 2019고단474
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 2,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who exercises overall control over rice processing complexes B, and the defendant B is a corporation that carries on business, such as Do administration and grain.

1. No business operator who operates emission facilities and preventive facilities of Defendant A shall operate emission facilities without operating preventive facilities or emitting pollutants discharged from emission facilities, mixing with the air, in order to lower the degree of pollution;

Nevertheless, from October 13, 2015 to November 4, 2018, the Defendant installed four discharge pipes between rice drying facilities and warehouses discharging pollutants, and finally discharged through a warehouse.

2. Defendant B, as in paragraph (1), committed an offense against Defendant A, who is an employee of the Defendant, regarding the Defendant’s business.

Summary of Evidence

1. The legal statement of Defendant A and the president of the partnership;

1. Report on results of business trips;

1. The actual operation period for the drieder B (the comprehensive processing place of rice);

1. Copy of business registration certificate and certificate of report on installation of atmosphere emission facilities;

1. Application of statutes on site photographs;

1. Article 89 subparagraph 3 of Article 89 and Article 31 (1) 1 of the Clean Air Conservation Act; Defendant B association chosen to impose a fine: Articles 95 and 89 subparagraph 3 of the Clean Air Conservation Act and Article 31 (1) 1 of the Clean Air Conservation Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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