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(영문) 인천지방법원 부천지원 2014.04.10 2014고단356
대기환경보전법위반
Text

Defendant

A Imprisonment with prison labor for six months, and fines for 5,000,000 won to Defendant B Co., Ltd., respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of the ice Lease Pipe manufacturing business, etc., and Defendant A is the representative director of the above company.

1. Any person who intends to install a suspect A air pollutant emission facility shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor;

Nevertheless, the Defendant did not obtain permission from the competent administrative authority from the date to October 22, 2013, and installed one (14 cubic meters in cubic meters) and twenty-five (3Mac meters in 25) of the mountain treatment facilities (14 cubic meters in cubic meters) in which the hazardous air pollutants are emitted from the above corporate establishment B located in Kimpo-si, Kimpo-si, Kimpo-si.

2. The above A, a representative of the Defendant of B Co., Ltd., installed specified hazardous air pollutants emission facilities without obtaining permission at the time, place, and place specified in Paragraph 1, and committed each violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Air pollution inspection result;

1. Application of Acts and subordinate statutes to certified corporate register;

1. Defendant A: Article 89 subparagraph 1 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (Selection of Imprisonment): Articles 95 and 89 subparagraph 1 of the Clean Air Conservation Act, and Article 23 (1) of the same Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (i.e., the above defendant was sentenced to a fine of five million won for the same criminal record on June 2012) is higher than that of the Criminal Act.

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