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(영문) 수원지방법원 2017.07.14 2016고단8112
대기환경보전법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 3, 2015, the Defendant was operating a printing company with the trade name “C” from the wife population B, and the Defendant continued to operate emission facilities on two occasions on the following occasions: (a) installed one printing machine of the non-reported 1 cubic meter in cubic meters and one compact shower with the 20HP (ma) in which the non-reported emission facilities were installed; and (b) received an order of closure from the wife population office at the permissible time; and (c) continued to operate emission facilities without complying with the order of closure.

Nevertheless, on October 28, 2016, the Defendant continued to operate a non-reported emission facility without complying with the above order of closure at the above place of business on October 28, 2016 by operating one of the compact presses of 1 and 10HP (Ma).

Accordingly, the defendant did not comply with the order of closure by the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Attachment of investigative data;

1. Business registration certificate;

1. Application of statutes on site photographs;

1. Relevant Article 89 of the Act on the Conservation of the Air Environment and Articles 89-5-2 and 38 of the Act on the Selection of Punishment for Crimes, and Selection of Imprisonment;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has a history of having been punished for the same kind of crime several times, considering favorable circumstances, such as the fact that the defendant lawfully reported the establishment of a new crime during the trial process and operated the same after completing the report, and that there is no record of criminal punishment heavier than the suspended sentence, the defendant’s age, sex, criminal conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the same sentence as the order shall be imposed by comprehensively taking into account all the factors of sentencing specified in the argument of the instant case, including

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