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(영문) 창원지방법원 마산지원 2020.01.15 2019고단592
대기환경보전법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a de facto representative who operates C's place of business in Haban-gun B with painting and skin disposal manufacturing business.

A person who intends to install emission facilities, such as painting facilities, the volume of which is at least five cubic meters or the power of which is at least 2.25km, shall file a report thereon with the competent authority, and shall not use such emission facilities without filing a report.

Nevertheless, on April 10, 2019, the Defendant, without reporting to the competent authorities at the above workplace, installed 11kW seal facilities on April 10, 201, and operated the facility using this emission facility.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate, the result of calculating the size of the skin body, and the on-site verification photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act and Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act concerning the selection of punishment for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant has the same criminal records as the defendant for the reason of sentencing, and that the defendant was not present on several occasions even after being served with the service, etc., and the sentencing conditions, such as the defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., shall be determined as ordered by considering all of the following factors.

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