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(영문) 인천지방법원 부천지원 2016.09.07 2016고정858
대기환경보전법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the representative director of “B” corporation in Kimpo-si C.

A business operator who operates air emission facilities shall install a stack to confirm whether preventive facilities are properly operated.

Nevertheless, from October 6, 2014 to November 12, 2015, the Defendant manufactured synthetic resin crushing goods at the same place of business, and operated a exhaust gas meter without attaching a exhaust gas meter to the 75-man-power powered facilities (50 cubic meters/minutes) connected to the crushing facilities of 75-man-power, which are air emission facilities.

2. Defendant B Co., Ltd. is a corporation established for the purpose of manufacturing synthetic resin.

The defendant A, a representative director, committed the above-mentioned violations in relation to his business at the same time and place as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of statutes in each of the investigation reports (report on detection of violations of the Clean Air Conservation Act);

1. Defendant A who has the relevant legal provisions and the choice of punishment for the crime: Article 90 subparagraph 3 of the Clean Air Conservation Act and the main sentence of Article 32 (1) of the Clean Air Conservation Act, Defendant B who has chosen a fine: Article 95 and the main sentence of Article 90 (1) of the Clean Air Conservation Act and the main sentence

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

1. Defendants of the provisional payment order: Comprehensively considering the circumstances under Article 51 of the Criminal Act, such as the background leading up to the crime for sentencing under Article 334(1) of the Criminal Procedure Act, the mode and period of the offense, the present state of the offense (defensing the state of the offense) and the same records, the sentence shall be determined as ordered.

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