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(영문) 대구지방법원 2020.10.20 2020고정1126
화학물질관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who sells materials, etc. for non-influoring manufacture under the trade name “D” in Daegu-gun B apartment C, the Defendant’s residence.

1. Any person who intends to sell hazardous chemicals shall obtain permission from the competent authority, and shall not sell articles containing hazardous chemicals without obtaining permission;

Nevertheless, the Defendant, without obtaining permission from the competent authority, sold approximately 50 km of fishery fluorium (i.e., “one fluorium”) which is hazardous chemicals in the above workplace from June 30, 2019 to March 2020.

2. No person who sells hazardous chemicals shall sell hazardous chemicals by using his/her house;

Nevertheless, from June 30, 2019 to March 2020, the Defendant sold approximately 50 km of 50 km, which is a hazardous chemical.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to the specifications of sales of fishery thorium;

1. Relevant Article of the relevant Act on criminal facts, subparagraph 4 of Article 58, Article 28, subparagraph 1 of Article 59 of the Chemicals Control Act, and subparagraph 6 of Article 13 of the Chemicals Control Act (the point of violation of the standards for handling hazardous chemicals), and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Since there is no change of circumstances to be considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine prescribed in the summary order shall be maintained as it is.

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