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(영문) 서울북부지방법원 2019.01.24 2018노1744
대기환경보전법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s punishment (two million won of fine) against the Defendant in light of the gist of the grounds for appeal is deemed unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with respect to the facts charged as stated in the criminal facts column as stated below in the judgment of the court below. Since the subject of the judgment was changed by this court's permission, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, on the ground that there is an ex officio reversal of the amendment of indictment by the prosecutor, and the judgment below is again ruled

[C] The defendant of the crime room is a person who carries out the car painting work with the trade name "C" in Dongdaemun-gu Seoul Metropolitan Government.

1. Any person who intends to install air emission facilities shall report to the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing a report with the competent Mayor/Do governor from February 23, 2018 to May 29, 2018, at the same place of business, installed a painting work room of approximately 84 cubic meters, which is an air pollutants emission facility, with one air compresseder (power 3 miles), three gas sprayers, and one exhaustr, etc., and carried out the painting work of DNAS car, FG car, etc.

2. Any person who intends to run an automobile management business violating the Automobile Management Act shall register with the competent authorities;

Nevertheless, the Defendant, without registering with the competent authority on February 23, 2018, received KRW 130,00 from the above business operator and used gas sprayers, etc. to conduct the front and rear criminal seal of the DNS car. On May 29, 2018, the Defendant received KRW 150,000 from the same place and used gas sprayers, etc. to use the gas sprayers to the right side and to seal the penter.

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