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(영문) 인천지방법원 부천지원 2019.07.17 2019고단1206
대기환경보전법위반
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

The Defendant is the representative of the “C” located in Kimpo-si, who runs a general household manufacturing business.

1. Any person who intends to install non-reported emission facilities shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, the Defendant did not report the installation of the above emission facilities, and installed one set between September 18, 2018 to February 13, 2019, from 547.4 cubic meters [i] 1 meter from 344.54 cubic meters [i.e., X9.7m X4.8m) and 1 meter from 202.86 cubic meters (6.0m X6.9m. X6.9m.9m.)] from 155.52 cubic meters from 13.5m in the building facilities (= 13.5m X2.4m.) to 15.52m in the building facilities, and operated them using the emission facilities.

2. A person who fails to comply with an order of closure issued by the Mayor/Do Governor shall comply therewith.

On or around December 28, 2018, the Defendant was served with an order to close down the distribution market by December 13, 2019, even though it was served with an order to close down the distribution market by December 13, 2019, the Defendant failed to comply with the order to close down the distribution market until February 13, 2019, even though it was served with an order to close down the distribution market by December 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (receiving and reporting violations of the Clean Air Conservation Act), respective business registration certificates, and on-site photographs of each police station;

1. Notice (C and A), order for administrative disposition, and data on confirmation of service status;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions and Articles 90 subparagraph 1, 23 (1) (a) of the Clean Air Conservation Act, Article 89 and Article 89-5-2, and 38 of the Clean Air Conservation Act, the choice of imprisonment with prison labor for each crime;

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;

1. Order of community service;

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