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(영문) 인천지방법원 2013.12.20 2013고단7039
대기환경보전법위반
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating a mutual household manufacturing enterprise of “E” in Seo-gu Incheon Metropolitan City D.

A person who intends to install a seal facility or a disciplinary facility, the volume of which exceeds five cubic meters, or the volume of power, shall file a report on installation of a facility emitting air pollutants with the competent authority.

Nevertheless, from December 29, 2012 to July 24, 2013, the Defendant installed 1 meter of painting facilities from 157.95 cubic meters, which are emission facilities, and installed 4 meters of painting facilities from 89.1 cubic meters of cubic meters, and 24 miles of sanctions facilities (a total of 15ma calendars, 15-years and 3mags, etc.) from the said place of business, without reporting the installation of air pollutants emission facilities to the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of violation;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act, the selection of imprisonment (or choice of imprisonment in consideration of the fact that there are many previous criminal records of the same kind of fine and the business period is shorter than the shorter) ;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the confession and reflect of the facts of crime

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