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(영문) 인천지방법원 부천지원 2014.07.17 2014고정724
대기환경보전법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a corporation established for the purpose of manufacturing and selling building materials, and Defendant A is the representative director of the Defendant Co., Ltd.

1. A person who intends to install defendant A air pollutants shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor;

Nevertheless, the Defendant, without reporting to the competent authority, installed a boiler (one ton per hour air pollutants) which is an air pollutant emission facility at the Defendant’s business establishment located in Kimpo-si from the end of September 2013 to January 29, 2014, and operated the business using the boiler.

2. The Defendant Company established the air pollutants emission facility without reporting it at the date, time, and place specified in paragraph (1) and at the place, A, the representative of the Defendant Company, thereby committing a violation regarding the Defendant Company’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to each accusation, local identification photograph, and written confirmation;

1. Defendant A who has the relevant legal provisions and choice of punishment for the crime: Article 89 subparagraph 1 of the Clean Air Conservation Act and Article 29 (3) of the Clean Air Conservation Act; Article 95 and subparagraph 1 of Article 89 of the Clean Air Conservation Act and Article 23 (1) of the Clean Air Conservation Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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