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(영문) 창원지방법원 2017.07.19 2017고단1647
대기환경보전법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to install a standby emission facility shall obtain permission or report from the Mayor/Do Governor;

Nevertheless, from January 2017 to March 31, 2017, the Defendant operated the business by installing 120 cubic meters of the seal facilities, which are air pollutants emission facilities, without reporting the installation of emission facilities to the competent authority, from the Defendant’s management company B, which was operated by Kimhae-si, to the competent authority.

2. Defendant B Co., Ltd. is a juristic person established for the purpose of the shock and the painting of iron.

The Defendant’s employee A operated the Defendant’s business without reporting the installation of emission facilities to the competent authority with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to public officials statements;

1. Defendant A: Articles 90 subparag. 1 and 23(1) (Punishment of imprisonment) of the atmospheric environment conservation Act and Articles 95, 90 subparag. 1 and 23(1) (Punishment of imprisonment): Articles 95, 90 subparag. 1 and 23(1) of the atmospheric environment conservation Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B stock company with the order of provisional payment: The sentencing of Article 334(1) of the Criminal Procedure Act is due (not setting the sentencing criteria); and

1. The sentence imposed on Defendant A: Imprisonment with prison labor for one year and two years of suspended sentence: Six months of imprisonment with prison labor or for two years of suspended sentence: Grounds for mitigation of punishment, such as a previous conviction (one time of suspended sentence): A confession and a small business operator, etc.;

2. Gu-type stock company B: A fine of three million won: A fine of three million won;

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