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(영문) 인천지방법원 2015.11.11 2015고단5120
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 a person who engages in the manufacturing business of steel structure with the trade name of "E" in Seo-gu Incheon Metropolitan City D.

1. Any person who intends to install a painting facility with a capacity of at least 3 miles and power-driven facility with a capacity of at least 20 miles, shall file a report on the installation of air emission facilities with the competent authority;

Nevertheless, the Defendant, without reporting the installation of air emission facilities to the competent authority from September 28, 2010 to April 24, 2015, installed and operated 15-year-old one and 12-year-old 180-year-old 15-year-old (total 180-year-old) in the sealing facilities, which are air emission facilities.

2. A person who intends to install compressors or divers with a power violating the Noise and Vibration Control Act exceeding 10 miles, shall report the installation of noise emission facilities to the competent authority;

Nevertheless, the Defendant, without reporting the installation of noise emission facilities to the competent administrative agency from September 28, 2010 to April 24, 2015, installed and operated 15-Mao-so, which is noise emission facilities, 12-Mao-so, 15-Mao-so (total 180-ma), and 12-Mao-so (total 180-ma).

Summary of Evidence

1. Defendant's legal statement;

1. Application of one on-site photograph and one business trip report under the Acts and subordinate statutes;

1. Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act, subparagraph 1 of Article 58 of the Noise and Vibration Control Act, Article 8 (1) of the Noise and Vibration Control Act, and the choice of imprisonment, with labor, for the 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. The sentence of imprisonment is to be imposed on the instant crime, inasmuch as the said crime had been committed three times or more for the same offense as the sentencing of Article 62-2 of the Social Service Order Criminal Act, despite the record of punishment of fine.

However, the fact that the defendant is against the crime of this case, preparation for the relocation of the factory, etc. is making efforts not to repeat the crime, and all kinds of sentencing, such as the age, character and conduct, environment, motive and circumstances of the crime, etc., of the defendant.

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