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(영문) 수원지방법원 안산지원 2017.07.20 2017고단1379
화학물질관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to conduct a hazardous chemical business shall obtain permission from the Minister of Environment for each type of business after having facilities, equipment and technical manpower for handling hazardous chemicals meeting the standards prescribed by Ordinance of the Ministry of Environment.

Nevertheless, from January 2014 to January 17, 2017, the Defendant received a total of KRW 199,008,000 for each 1 liter and sold to many unspecified fishermen, without obtaining permission from the Minister of Environment in relation to the storage located in Hasung City, and without obtaining permission in relation to the handling facilities, a mixture containing about 497,520 liter of inorganic acid (HCR) which is a toxic substance, and a mixture containing about 35% of inorganic acid (HCR).

Accordingly, the defendant was engaged in the sale of hazardous chemicals without obtaining permission from the Minister of Environment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal and chemical appraisers;

1. Account transactions details and each management ledger;

1. Protocols of seizure, list of seizure and records of keeping the price;

1. Application of each statute on photographs;

1. Article 58 of the relevant Act concerning facts constituting an offense, Article 58 subparagraph 4 of the Chemicals Control Act and Article 28 (2) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include a majority of the criminal records of the defendant, and the period of the crime is the same.

Therefore, the sentence of imprisonment is selected.

However, considering the fact that the defendant shows an attitude against the defendant, the previous records of the same kind of crime and the contents of the crime are not identical, and there is no record of crime exceeding fines, the execution shall be suspended, but the risk of recidivism is deemed reasonable, so protection observation, etc. shall be ordered.

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