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(영문) 인천지방법원부천지원 2020.10.20 2019고정653
대기환경보전법위반등
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A The defendant is the representative of the B Co., Ltd. located in Kimpo-si.

Any person who intends to install a facility emitting air pollutants shall obtain permission from or report to the competent administrative agency, and any person who intends to install a facility discharging air pollutants shall obtain permission or report

Nevertheless, the Defendant, from March 2013 to March 22, 2013, installed three different types of facilities (total power 232kw) and three different types of facilities (total power 65kw) and three different types of facilities for the storage of air conditioners, which are wastewater discharge facilities (total capacity 1.08mm2), and did not report the installation of air conditioners and the installation of wastewater discharge facilities to the competent administrative agency on or around March 22, 2019, and did not report the installation of air conditioners and the installation of wastewater discharge facilities. However, according to the evidence adopted and examined by the court, the date of detection appears to have been around March 22, 2019.

up to the date of operation.

2. Defendant B was a corporation that manufactures plastic construction materials, and did not pay considerable attention to and supervise a representative A’s violation of paragraph (1).

Summary of Evidence

1. The Defendants’ written statements of partial statements as witnesses

1. Application of field photographs, certificates of factory registration, business registration certificates, and statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act, subparagraph 2 of Article 76 of the Water Environment Conservation Act, Article 33 (1) of the same Act, and selection of fines, respectively;

(b) Defendant B stock company: Article 95, subparagraph 1 of Article 90, Article 23 (1) of the Clean Air Conservation Act, and Article 81, subparagraph 2 of Article 76, and Article 33 (1) of the Water Environment Conservation Act (the point of conducting operations not reported on wastewater discharge facilities);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A of detention in a workhouse:

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