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(영문) 수원지방법원 성남지원 2015.01.23 2014고단1861
대기환경보전법위반등
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who operates a business manufacturing and manufacturing Maaling “C” in Gwangju City B.

1. The Defendant in violation of the Clean Air Conservation Act did not file a report on the installation of an emission facility of air pollutants with the competent authority from May 22, 2013 to May 30, 2014, and installed a painting facility of 62.21 cubic meters, which is a total emission facility of air pollutants, from May 22, 2013 to May 30, 2014 (a 6.21 cubic meters, 56 cubic meters

2. The Defendant violated the Noise and Vibration Control Act without reporting the installation of noise and vibration emission facilities to the competent authority, and during the above period, installed a compressed machine (power 10 miles) which is a noise and vibration emission facility in C, and operated it using it.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (the report on the enemy);

1. Application of the statutes governing the detection photographs;

1. Subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act (the points of installation and operation of emission facilities of non-reported air pollutants), Article 58 subparagraph 1 of the Noise and Vibration Control Act, and Articles 8 (1) of the Noise and Vibration Control Act (the points of installation and operation of emission facilities of non-reported noise

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant in the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was transferred to the same place as the crime of this case and committed a violation of the law, and the defendant committed a second offense, despite the fact that the crime of this case was committed once a fine and the one-time suspended sentence of imprisonment, the nature of the crime is not good. However, it is not good to say that the crime of this case is led to confession and reflect on the fact of the crime, the business size is not large, the present place of business is closed, and other circumstances, including the motive, means and result of the crime, the defendant's age, environment

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