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(영문) 의정부지방법원 2017.04.28 2017고단744
대기환경보전법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a person who is working as a factory B in each city in each city and exercises overall control over the operation of the above factory facilities. The defendant B is a corporation established for the purpose of manufacturing steel reinforced concrete files.

1. When a person who intends to install a emission facility of air pollutants, a person who has obtained permission for installation or permission for alteration, or a person who has filed a report on installation or report on alteration, installs or alters the relevant emission facility, he/she shall install air pollution prevention facilities to ensure that pollutants emitted from such emission facilities reach

Nevertheless, from December 2015 to December 27, 2016, the Defendant operated a boiler (three tons of fuel, fuel jacker, and fuel jacker) which is an air pollution preventive facility, which is an air pollution preventive facility, and did not install a combustion auxiliary device (the revolving JAM type, capacity 300 liter/hr).

2. Defendant B, at the time, at the place specified in paragraph 1, and at the place, Defendant B, an employee of the Defendant, committed a violation as described in paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 2 of Article 89 of the Air Quality Conservation Act, the main sentence of Article 26(1) of the same Act, and the selection of fines

(b) Defendant B: Article 95, subparagraph 2 of Article 89, and the main sentence of Article 26 (1) of the Air Quality Conservation Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: (a) the Defendants did not install air pollution prevention facilities, installed and operated a relatively long period of time, and considering the degree of air pollution pollution caused thereby, although the Defendants did not have to be subject to the criminal liability; (b) the Defendants led to the confession of the instant crime.

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