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(영문) 인천지방법원 2014.05.21 2013고단7653
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person who operates a mutually renewable plastic manufacturer in Seo-gu Incheon Metropolitan City.

Any person who intends to install a painting facility, the volume of which is at least five cubic meters or the volume of power of which is at least three miles, shall file a report on the installation of a facility emitting air pollutants with the competent authority, and any person who intends to install a double-type compressed machine, the power of which is at least 50 miles, shall file a report on the installation of a noise

Nevertheless, from April 19, 2012 to August 26, 2013, the Defendant installed and operated a 50-year-type compressor, which is an emission facility, without reporting the installation of air pollutant-emitting facilities and noise and vibration emission facilities to the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender, written confirmation, and documentary evidence photograph;

1. Application of Acts and subordinate statutes to investigation reports (legal review reports as to whether noise emission facilities are subject to reporting);

1. Subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act concerning facts constituting an offense, and Articles 58 (1) and 8 (1) of the Noise and Vibration Control Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a violation of the Clean Air Conservation Act heavier than any punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant continued to commit the crime of this case without correcting it even though he had the record of being fined several times for the same crime, under unfavorable circumstances, the defendant repented the crime of this case and is in depth against the defendant, the defendant has no record of committing a crime above the suspension of execution, the defendant has no record of committing a crime above the suspension of execution, and the fact that he is scheduled to move his place of business in the future, and other conditions of sentencing, such as the size and operation period of the facility of

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