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(영문) 창원지방법원 2016.04.28 2016고정175
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of manufacturing special rubber and resin products, and the defendant A is the head of the technical research institute of the defendant B, who actually operates the above corporation.

Defendant

A Co., Ltd. completed the report on two air pollutants emission facilities in the rubber product facility process at the place of business of Kimhae-si Kimhae-si.

1. On May 19, 2015, Defendant A failed to operate a facility (five square meters/divided) with filterings and smoking in a facility, which is a preventive facility, at the place of business of the said stock company B, and when operating a sulfur facility, which is an emission facility.

2. Defendant B, at the time and place specified in paragraph (1), was found to have failed to operate preventive facilities when the representative A, in relation to the Defendant’s business, operated the discharge facilities as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. A public official's statement and written confirmation;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 3 of Article 89 and Article 31 (1) 1 of the Air Quality Conservation Act (Selection of a punishment);

(b) Defendant B: Articles 95, 89 subparag. 3, and 31(1)1 of the Air Quality Conservation Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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