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(영문) 부산지방법원 2013.07.18 2013고단2786
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On August 31, 2004, the defendant was sentenced to a fine of 4 million won for violating the Clean Air Conservation Act at the Busan District Court on August 31, 2004, and on February 5, 2008, the same court was sentenced to a suspended sentence of 6 months for violating the Clean Air Conservation Act, and the above judgment became final and conclusive.

1. The Defendant violated the Clean Air Conservation Act: (a) from July 5, 2012 to April 11, 2013, operated C from Gangseo-gu, Busan Metropolitan City to the competent authority without reporting the installation of air pollutants emission facilities to the competent authority; and (b) installed one control facility with 70-man power emission facilities and one control facility with 30-man power emission facilities, which are air pollutants emission facilities.

2. The Defendant violated the Noise and Vibration Control Act, without reporting the installation of noise and vibration emission facilities to the competent authorities at the same time and place as the foregoing paragraph (1), installed one of the 70-year sanctions against power emission facilities and one of the 30-year sanctions against power emission facilities.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (Installation of unreported atmosphere and noise emission facilities);

1. A written confirmation of violation;

1. On-site photographs;

1. Previous convictions in judgment: Application of criminal records and investigation reports (suspects' previous records and details confirmation);

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;

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

1. Article 62 (1) of the Criminal Act on the suspended execution ( Consideration, such as the fact that there exists the same kind of crime, but is against the confession of the fact of crime, and the scale of business is not large);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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