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(영문) 인천지방법원 부천지원 2017.09.29 2017고단1879
화학물질관리법위반
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where any person handles hazardous chemicals, he/she shall pack them so that hazardous chemicals do not flow out in the environment to ensure the safety management of the hazardous chemicals, and the storage container shall have appropriate materials, thickness and structure depending on the nature of the substances, and manage them so that they do not cause damage, corrosion or crack, and keep sealed lids, etc.

Nevertheless, the Defendant violated the above standards for handling hazardous chemicals by packaging only as plastic bags 1.8 km, which are hazardous chemicals, from around the date of 2009 to April 18, 2017, without sealing lids, and inserting them in a Spanish storage place in which one’s B bargaining vehicle in his/her operation was spanished, and managing them so that the risk of damage and cracks is high.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes of a summary appraisal report;

1. Article 59 of the relevant Act on criminal facts, Article 59 subparagraph 1 and Article 13 subparagraph 6 of the Chemicals Control Act, and selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the favorable circumstances, such as the fact that the defendant confessions the defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, and reflects his mistake, that the defendant has no record of punishment for the same kind of crime, and that the defendant cannot be seen as keeping the liquidation interest for the purpose of using it for the crime, etc., the defendant’s period and quantity in which the defendant kept the liquidation interest are considerably high, and the sentence like the order shall be determined by taking into account various sentencing conditions as shown in the argument of this case.

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