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(영문) 수원지방법원 2014.02.06 2013고정3341
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B located in C at the time of harmony, and the defendant B is a corporation established for the purpose of other plastic products manufacturing business.

Any person who intends to install emission facilities shall file a report thereon with a Mayor/Do Governor, as prescribed by Presidential Decree.

1. On July 23, 2013, the Defendant established and operated a total of 18HP (10HP x 1, 5HP x 1, 1, 3HP x 1, 1, 3HP x 1) in three facilities for 2 and mixing facilities, which are emission facilities, without filing a report at the place of business of the said stock company B.

2. Defendant B Co., Ltd. committed the above offense in relation to the Defendant Company’s business at the same date, time, and place as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Written statements of D;

1. Written accusation, written confirmation of violation, and full certificates of registered matters;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 90 of the Clean Air Conservation Act and Article 23 (1) of the same Act;

(b) Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the Clean Air Conservation Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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