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(영문) 창원지방법원 2013.05.07 2013고정205
대기환경보전법위반등
Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a manufacturing factory of apartment houses and housing with the trade name of Kimhae-si B.

1. Any person who intends to install air emission facilities shall obtain permission from the Minister of Environment or report to the Minister of Environment under conditions prescribed by Presidential Decree;

Nevertheless, from April 2012 to October 9, 2012, the Defendant installed and operated one dance facility, which is a 19.6 cubic meters facility, which is a 19.6 cubic meter, a luc meter, a power-driven 40-meter, a power-driven 35-mac meters, and one smoke-driven facility, a power-driven 45-mac meters, without reporting at the above plant.

2. Any person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

Nevertheless, from April 2012 to October 9, 2012, the Defendant installed and operated three compressed machines with a power of 15-years, a power-generating facility, 20-hours, 20-hours, electricity-driven 29-hours, 1, 1, 1, 1, 1, 1, 1, 1, 1, 35-powered timber-processing equipment with a power of 35-years, without reporting at the above plant.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to certificates of violation and photographs on site;

1. Relevant Article and Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act, Article 58 subparagraph 1 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control Act, the selection of fines for a crime;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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