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(영문) 창원지방법원 2017.08.09 2017고단1648
대기환경보전법위반
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

Anyone who intends to install a atmospheric emission facility shall obtain permission or report from the Mayor/Do Governor.

Nevertheless, on March 27, 2017, the Defendant installed one device in the painting facility of 728 cubic meters, which is air pollutants emission facilities, at the Defendant’s workplace in Kimhae-si B, without reporting to the competent authority, and operated using it.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 90 of the relevant Act on the Conservation of the Air Environment and Articles 90 and 23 (1) (Punishments) of the Act on the Selection of Criminal Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Previous sentence of Article 334 of the Criminal Procedure Act (in the event that the sentencing criteria are not set) of the Criminal Procedure Act: Imprisonment with prison labor for one year or suspended sentence of two years: Reasons for an increase of fines by five million won: Confession, absence of the record of punishment in the same kind or imprisonment without prison labor or any heavier punishment (one fine related to traffic), etc.;

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