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(영문) 서울남부지방법원 2014.02.20 2013고단4596
대기환경보전법위반
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person who operates a motor vehicle painting company with the trade name “D” in Yangcheon-gu Seoul Metropolitan Government.

Any person who intends to install a facility emitting air pollutants shall report to the competent authority.

Nevertheless, the Defendant, without reporting to the competent authority from November 28, 2012 to December 9, 2013, installed and operated the facilities installed with the equipment such as 10 presses for the painting and building of trucks in the space of the volume of 50 cubic meters from the said business place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 90 subparagraph 1 of the Clean Air Conservation Act and Article 23 (1) of the same Act concerning the facts constituting an offense;

1. Although there are several instances of past records of being sentenced to a fine for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act, the same crime is repeated, the sentence of imprisonment shall be selected, but the probation shall be taken by taking into account the facts of living-based

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