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Reasons
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(영문) 창원지방법원 2014.10.01 2014고정713
대기환경보전법위반
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Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established for the purpose of building business.

1. Defendant A did not install facilities to control fugitive dust or take necessary measures, etc. on October 19, 2013, when removing existing facilities at the site of new apartment construction works in Gyeong-gun, Gyeong-gun, Gyeong-gun, and did not install a dustproof wall on the direction of neighboring citizens.

2. The Defendant B, a representative director of the Defendant, committed an act identical to that of the Defendant in relation to the Defendant’s business at the same time and place as that of paragraph (1).

Summary of Evidence

1. The defendant A's partial statement

1. Each police suspect interrogation protocol of Defendant A and E;

1. The police statement concerning F;

1. A written accusation and a written statement;

1. On-site photographs;

1. Full certificate of the registered matters;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a report certificate on scattering dust generating business, etc.);

1. Article applicable to criminal facts;

(a) Defendant A: Article 92 Subparag. 5 and Article 43(1) of the Clean Air Conservation Act;

(b) Defendant B: Articles 95, 92 subparag. 5, and 43(1) of the Clean Air Conservation Act

2. Penalty of 700,000 won to be suspended of sentence (with respect to Defendant B corporation):

3. Articles 70 and 69 (2) of the Criminal Act (Defendant A).

4. Article 59(1) of the Criminal Act of the suspended sentence (with respect to Defendant B, the following factors are considered: (i) correcting the violation immediately after the instant case; (ii) details of the occurrence of the instant case; degree of fugitive dust; degree of violation of management and supervision

5. Article 334 (1) of the Criminal Procedure Act (A against Defendant A) of the provisional payment order.

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