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(영문) 인천지방법원 2015.11.11 2015고단5118
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 manufactures structures under the mutual name of "E" in Seo-gu Incheon Metropolitan City D.

1. Any person who intends to install a painting facility with a capacity of at least 3 miles and power-driven facility with a capacity of at least 20 miles, shall file a report on the installation of air emission facilities with the competent authority;

Nevertheless, the Defendant, without reporting the installation of air emission facilities to the competent authority from November 8, 2014 to April 24, 2015, installed and operated one 100-year-hour 1 and 50-year-hour 50-year-hour 1,000, which are air emission facilities, from November 24, 2015.

2. A person who intends to install compressed or divers with power violating the Noise and Vibration Control Act exceeding 10 miles shall report the installation of noise emission facilities to the competent authority;

Nevertheless, the Defendant, without reporting the installation of noise emission facilities to the competent administrative agency from November 8, 2014 to April 24, 2015, installed and operated a compressed machine with 100-macific 100-macific 1 and 50-macific 50-macific 1, which is noise emission facilities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (Binding data files), field photograph, and business trip report;

1. Subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act (a point of installation and operation of unreported standby emission facilities), subparagraph 1 of Article 58 of the Noise and Vibration Control Act, Article 8 (1) of the same Act (a point of installation and operation of unreported noise emission facilities), the selection of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Social Service Order - The fact that there is no past record of punishment of imprisonment without prison labor or heavier - The fact that there is two times the previous department and the degree of violation of the Act are more important

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