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(영문) 전주지방법원 정읍지원 2017.07.20 2017고정57
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

1. A person who intends to install a defendant A-emitting facility shall obtain permission from the competent agency or report to the competent agency, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing a report on January 2012, installed 5 gambling facilities and 4 gambling facilities in the place of business of a company limited to a limited liability agricultural company located in North Korea-gun C prior to the date of the inspection of environmental public officials on November 8, 2016.

Accordingly, the Defendant installed air pollutants emission facilities without reporting, and operated them using them.

2. The Defendant Company B, a corporation established for the purpose of processing and distributing agricultural products, committed the same act as that of paragraph (1) in relation to the corporation’s business at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A certificate of violation;

1. Application of Acts and subordinate statutes governing violation photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Article 90 subparag. 1 and Article 23 subparag. 1 of the Air Quality Conservation Act (Selection of a punishment)

B. Articles 95, 90 subparag. 1, and 23 subparag. 1 of the Conservation of Air Quality Act for Defendant Incorporated Incorporated Co., Ltd.

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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