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(영문) 부산지방법원 2012.12.27 2012고단9356
대기환경보전법위반등
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who operates the Gangseo-gu Busan Metropolitan Government C Timber Company.

The Defendant did not report the establishment to the competent authority, from February 15, 2012 to June 22, 2012, installed one of the 20-year control facilities, which are noise emission facilities, and one of the 15-year control facilities, which are noise emission facilities, at the same time installed at the said company’s workplace from February 15, 2012 to June 22, 2012, and operated, such as producing wood by using the said facilities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a report on investigation (No. 1, 3, and 11 of evidence submitted by the prosecutor);

1. Subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act concerning facts constituting an offense (the part concerning operation of emission facilities of unreported air pollutants), Article 58 subparagraph 1 of the Noise and Vibration Control Act, and Articles 8 (1) of the Noise and Vibration Control Act (the part concerning operation of facilities emitting noise

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution is the old age that leads to a confession of and reflect against the facts of a crime (a favorable to the defendant) under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant), and the fact that there are criminal records having been already punished three times or more for the same crime (the circumstances unfavorable to the defendant), taking full account of the aforementioned circumstances and other various circumstances, including the motive, means and result of the crime, the defendant's age, environment, criminal records, family relations, and circumstances after the crime, the sentence is determined as per the disposition.

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