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(영문) 인천지방법원 부천지원 2016.04.01 2016고정134
대기환경보전법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. Defendant A is the chief executive director and the chief executive officer of B Co., Ltd. in Kimpo-si.

Any person who intends to install and operate emission facilities generating specific atmosphere harmful substances shall obtain permission for the installation of such emission facilities from the competent administrative agency.

Nevertheless, from February 28, 2011 to April 13, 2015, the Defendant, at the same place of business, produced an engine engine Hdd, oil pressure control tower ballast, and installed and operated an air pollutant emission facility (1,50ccw, 2 p.) of an electricity-generating machine (1,50cc., 2 p.) generated from 0.036mg/S3, 0.04mg/S3, nitroel harmful substance in the specific atmosphere, without obtaining permission for installation.

2. Defendant B Co., Ltd. and Defendant B Co., Ltd., the chief executive director and the chief executive officer of Defendant B Co., Ltd., committed the same offense as the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning suspect interrogation of the defendant A;

1. Application of Acts and subordinate statutes to investigation reports (Reporting on detection of violations of atmospheric environment conservation Acts);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 1 of Article 89 of the Air Quality Conservation Act and Article 23 (1) of the same Act (Selection of a penalty);

(b) Defendant B: Articles 95, 89 subparag. 1, and 23 subparag. 1 of the Air Quality Conservation Act;

1. Defendants to be suspended from sentence: Fines 1,000,000 won; and

1. Defendant A detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Defendants of suspended sentence: Article 59(1) of each Criminal Act (see, e.g., Supreme Court Decision 201Da15488, Apr. 1, 2011; Decision 201Da1448, Feb. 21, 201)

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