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(영문) 인천지방법원 2016.09.01 2016고단4500
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for six 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

From 1999, the Defendant operated the main water manufacturing enterprise of the trade name “C” in Seo-gu Incheon Metropolitan City.

1. A person who intends to install a slope facility with a power exceeding 15 kmw in violation of the Clean Air Conservation Act shall report the installation of air emission facilities to the competent authority;

Nevertheless, the Defendant, without reporting the installation of air emission facilities to the competent authority from December 12, 2015 to June 13, 2016, installed and operated 22.37kw at the above place, which is a air emission facility.

2. A person who intends to install a sloping with power in violation of the Noise and Vibration Control Act 7.5 km or more shall report the installation of noise emission facilities to the competent authority;

Nevertheless, the Defendant, without reporting noise emission facilities to the competent authority from December 12, 2015 to June 13, 2016, installed and operated a b2.37kw, which is a noise emission facility, in the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (informating written confirmations, etc.), investigation reports (Attachment to the land use planning institute in the factory site), investigation reports, and application of investigation reports;

1. Relevant statutory provisions concerning facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of installation of unreported atmosphere emission facilities), subparagraph 1 of Article 58 of the Noise and Vibration Control Act, Article 8 (1) of the Noise and Vibration Control Act (a point of installation of unreported noise emission facilities), and selection

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant committed the crime in this case again even though he had the record of being punished three times for the same crime, there is no record of punishment exceeding the fine by the defendant, and the defendant has to move his factory to the Corporation in the future and will no longer stop the same crime, and the age and age of the defendant.

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