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(영문) 의정부지방법원 고양지원 2017.01.19 2016고단3075
대기환경보전법위반등
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

. It is designated as “ without receipt or report.”

In light of the circumstances where it is difficult to ascertain whether the instant wastewater discharge facilities are subject to permission under the relevant regulations (Evidence No. 76 of the evidence record). Meanwhile, the applicable provisions only state a minor installation (Article 75 subparag. 1 of the same Act with respect to non-permission installation) and the Enforcement Decree of the Water Quality and Aquatic System Conservation Act provides that a certain water-quality harmful substance is subject to permission for emission facilities discharged above the standards prescribed by Ordinance of the Ministry of Environment, and other emission facilities are subject to reporting. Thus, the prosecutor’s failure to file a report in accordance with the aforementioned purport is deemed to have been prosecuted, and thus, the expression of non-permission is deleted.

Establishment and operation were carried out.

3. Any person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall file a report with the competent authority;

Nevertheless, the Defendant, from December 30, 2015 to August 31, 2016, installed two air compresseders (10HP*2) in the said place and operated without reporting it.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of an investigation;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Conservation of Air Quality, Articles 90 subparagraph 1, 23 (1) (the installation of facilities emitting Unreported Air Pollutants), Article 76 subparagraph 2, Article 33 (1) (the installation of facilities emitting Unreported Wastewater), subparagraph 1, Article 58 (1) of the Noise and Vibration Control Act, and Article 8 (1) (the installation of facilities emitting Unreported Noise and Vibration) of the Noise and Vibration Control Act concerning facts constituting an offense, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant had already been sentenced to a fine twice for the same kind of crime, but again led to the instant crime.

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