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(영문) 인천지방법원 2016.09.08 2016고단4504
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to install 15kW or more of power which is a atmospheric emission facility violating the Clean Air Conservation Act shall file a report on the installation of atmospheric emission facilities with the competent authority;

From December 21, 2015 to June 13, 2016, the Defendant used three sanctions facilities of 52.22kW in the total of power emission facilities, which are air pollutants installed without reporting to the competent authorities, at the three places of business located in Seo-gu Incheon, Seo-gu, Incheon.

2. Any person who intends to install 15km or more of power which is a noise and vibration emission facility in violation of the Noise and Vibration Control Act shall file a report on the installation of noise and vibration emission facilities with the competent authority;

The Defendant, without reporting to the competent authorities at the time and place specified in paragraph (1) of Article 1, was engaged in the operation of manufacturing furnitures using 3 sanctions devices of 52.2kW, which is a power emission facility installed without reporting to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate;

1. Two copies of the photographs related to the violation;

1. Investigation report (Report on confirmation of natural green area in the C location);

1. Application of Acts and subordinate statutes to land use planning and perusal documents;

1. Subparagraph 1 of Article 90 of the Clean Air Conservation Act and Article 23 (1) of the same Act concerning facts constituting an offense, and subparagraph 1 of Article 58 of the Noise and Vibration Control Act and Article 8 (1) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a violation of the Clean Air Conservation Act heavier than any punishment);

1. Selection of an alternative fine for punishment;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows an attitude against the defendant, such as recognizing the crime and removing the unreported facilities, is advantageous to the fact that the defendant has the same criminal power as the defendant, the fact that the defendant has the same criminal power shall be considered disadvantageously, and the defendant's age, character and behavior, environment, etc. as shown in the records and arguments of this case shall be considered, and the decision shall be made in consideration of the

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