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(영문) 인천지방법원 2014.03.18 2013고단7892
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a game machine case manufacturing enterprise under the trade name of "C" in Seo-gu, Incheon.

Where it is intended to install restrictive facilities and smoke-generating facilities which have the power of violating the Clean Air Conservation Act not less than 20 miles, it shall make a report on the installation of air emission facilities to the competent authority.

Nevertheless, the Defendant did not report the installation of air emission facilities to the competent authority in the above place, and installed one power-driven facility from April 21, 2007 to August 26, 2013, which is a power-generating facility, from August 24, 2013, and from August 26, 2013 to August 26, 2013.

(b) In cases where it is intended to install restrictive devices with a capacity of at least 20 miles in violation of the Noise and Vibration Control Act, a report on the installation of noise emission facilities shall be made to the competent authority;

Nevertheless, the Defendant did not report the installation of noise emission facilities to the competent authority at the above location, and installed one of the power-generating machines from April 21, 2007 to August 26, 2013, which is a noise emission facility, from August 26, 2013, from August 24, 2013 to August 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinion and report on the offender;

1. A report on investigation (report on revision of the criminal period);

1. Application of Acts and subordinate statutes to the Investigation Report (C);

1. Article 90 subparagraph 1 of the same Article, Article 23 (1) of the Clean Air Conservation Act (the installation of unreported standby emission facilities, the choice of fines), subparagraph 1 of Article 58 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control Act (the installation of unreported noise emission facilities, the selection of fines) concerning facts constituting an offense;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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