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(영문) 서울중앙지방법원 2014.02.19 2013고정6813
소음ㆍ진동규제법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant operates the printing business with the trade name "C" in Jung-gu Seoul Metropolitan Government.

The Defendant did not obtain permission from the competent authorities, from around 1994 to August 27, 2013, installed and operated a printing machine (80 marc (4 marc), which is a noise emission facility, at the first floor of the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes entered in the written statement prepared by D;

1. A prosecutor under Article 57 subparag. 1 of the Noise and Vibration Control Act regarding facts constituting an offense was indicted under Article 87 subparag. 1 of the Noise and Vibration Control Act, but it appears to be an obvious clerical error under Article 57 subparag. 1 of the Noise and Vibration Control Act.

Article 8(1)(Selection of Fines)

1. The sentence shall be suspended in light of various circumstances favorable to the defendant, such as: (a) there is no history of punishment against the defendant for the reason of sentencing under Article 59(1) of the Criminal Act (the punishment to be suspended: a fine of KRW 500,000 per day; a fine of KRW 50,000 per day; and a favorable condition to be considered for the reasons of sentencing under the following consideration); (b) the revision of the Enforcement Rule has mitigated the regulatory standards; and (c) there are circumstances that may be less concerns over actual noise due to the technological development; and (d)

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