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(영문) 수원지방법원 2017.07.20 2017고단759
대기환경보전법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person operating the main product manufacturing business chain C in Mosung City B, and the " December 12, 2012" written indictment on December 12, 2016 is obvious that it is a clerical error, and there is no risk that it may substantially disadvantage the defendant's exercise of his/her right to defense, and thus, it is recognized as corrected without any changes in the indictment.

Even upon receiving an order to close the main water disposal facilities (1,944 cubic meters) of the main water disposal facilities installed in the said place of business, which are located in the said place of business (1,94 cubic meters), the order to close the main water disposal facilities (1,94 cubic meters) under the name of the chemical market was not complied with since the above day to December 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of any workplace in violation of the atmospheric environment conservation Act [C], - Accusation, a statement of detection, and field photographs;

1. Report on matters to be promoted in C administrative disposition (closed), - Fiveth notification of administrative disposition (order for closure) at a business establishment violating the atmospheric environment conservation Act / [C], minutes of the Civil Petitions Working-Level Comprehensive Deliberative Council on Civil Petitions (verification of whether it is possible to install discharging facilities under other Acts), land utilization plan confirmation (production green belt), and notification of administrative disposition (order for closure) at a business establishment violating the Air Quality Conservation Act

1. Accusation of any workplace in violation of the atmospheric environment conservation Act (IIj), accusation - a written statement of detection, application of any Act and subordinate statutes governing the exposed field photographs;

1. Relevant Article 89 of the Act on the Conservation of the Air Environment and Articles 89-5-2 and 38 of the Act on the Selection of Punishment for Crimes, and Selection of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the defendant among the reasons for sentencing) is as follows: (a) a person who operated a business using a non-reported atmosphere emission facility, such as the instant case, was subject to a fine of four times or more for the same crime after being discovered in 2012; and (b) a person committed the instant crime even though the order of closure was issued four times.

Therefore, the strict punishment of the defendant is required.

However, the fact that the defendant seriously reflects his mistake, closes his place of business, and prevents the recurrence.

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