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(영문) 인천지방법원 2016.10.06 2016고단4513
대기환경보전법위반등
Text

Defendant

A Imprisonment for five months, and Defendant B shall be punished by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A On October 7, 2015, the Incheon District Court sentenced two years of suspension of the execution of imprisonment with labor for violating the Clean Air Conservation Act, violating the Noise and Vibration Control Act, etc. on the 15th of the same month, and is now under suspension of the execution, and Defendant B is the wife of the above Party A.

From 2003 to 2003, the Defendants jointly operate a non-reported atmosphere and noise emission company as G (main manufacturer) from the Seo-gu Incheon Metropolitan Government. Defendant A is in charge of the duties of supplying products in compliance with orders from customers, the duties of ordering workers related to the manufacturing method of main products, the management and repair of automated devices, and Defendant B has been in charge of the duties of financial management and accounting.

1. A person who intends to install an electric leading way with at least 300 kmw per hour in violation of the Clean Air Conservation Act, or a slope facility with power exceeding 15 kmw shall report the installation of air emission facilities to the competent authority;

Nevertheless, the Defendants conspired with the competent authorities on October 8, 2015 without reporting the installation of air emission facilities, and installed and operated 150kw one, 250kw and 11kw (total 400kw) in the above place from October 8, 2015 to June 14, 2016.

2. A person who intends to install a sloping with power in violation of the Noise and Vibration Control Act 7.5 km or more shall report the installation of noise emission facilities to the competent authority;

Nevertheless, the Defendants conspired with the competent authorities without reporting noise emission facilities, and installed and operated 11kws, which are noise emission facilities, from October 8, 2015 to June 14, 2016.

Summary of Evidence

1. Defendants’ legal statement

1. Each investigation report (the confirmation report by City/Do on air pollution status, hearing of foreign workers as to whether the actual president is, and the confirmation of detection), violation confirmation, business registration certificate, field photograph20, land use planning center (In Incheon, Seo-gu);

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