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(영문) 인천지방법원 2018.01.11 2017고단8628
대기환경보전법위반등
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of seven thousand won,00,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who operates B in Seo-gu, a wood sanction firm, a corporation.

1. Defendant A

(a) Any person who intends to install a emission facility of air pollutants violating the atmospheric environment conservation Act shall obtain permission from, or report to, the competent authorities, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the competent authority from May 31, 2017 to October 19, 2017, installed and operated three electric power-generating facilities (30kW 1,75kW 1, 110kW 1) in a total of 215kW sanctions facilities (30kW 1, 75kW 1, 110kW 1).

(b) Any person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall obtain permission from the competent authority or report thereon to the competent authority, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the competent authority, installed and operated three facilities for the sanction against noise emission in the foregoing paragraph, which are noise emission facilities, from May 31, 2017 to October 19, 2017, and 37kW air exhausters, respectively.

2. Defendant B, at the time and place specified in paragraph 1, caused A, the representative, to commit the act of violation as above in relation to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of violation and on-site photographs;

1. Application of investigation reports, land use plans, and Acts and subordinate statutes of the Agency for Land Use Planning;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Subparagraph 1 of Article 90 of the Air Quality Conservation Act, Article 23(1) (the installation and operation of an unreported air pollutant emission facility) of the same Act, subparagraph 1 of Article 58 and Article 8(1) of the Noise and Vibration Control Act (the installation and operation of an unreported noise and vibration emission facility);

(b) Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the Air Quality Conservation Act; Articles 59, 58 subparag. 1, and 8(1) of the Noise and Vibration Control Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of punishment (Defendant A) imprisonment; 1. Selection of punishment

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