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(영문) 전주지방법원 남원지원 2015.08.11 2015고정1
대기환경보전법위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B A limited liability company (hereinafter “Defendant B”) is a company collecting, manufacturing, and processing non-metallic materials, and Defendant A is a person who exercises overall control over the affairs of Defendant B as the representative director.

1. In cases where a person who operates a business producing fugitive dusts by Defendant A has shotly covered the powder-form materials for not less than one day, he/she shall take necessary measures to suppress fugitive dust, such as covering it with a dust-proof cover;

Nevertheless, from September 25, 2014 to September 30, 2014, Defendant A entered approximately approximately 2,600 cubic meters of aggregate containing structural substance in the site of the business site and did not cover the stringr.

2. Defendant B, a representative director, committed an act described in paragraph (1) with respect to his business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A certificate;

1. Violations photographs;

1. A copy of the business registration certificate and all registered certificates;

1. Application of Acts and subordinate statutes of a certificate of report, such as scattering dust generating business;

1. Article applicable to criminal facts;

A. Defendant A: Article 92 Subparag. 5 and Article 43(1) of the former Clean Air Conservation Act (Amended by Act No. 13034, Jan. 20, 2015; hereinafter the same shall apply)

(b) Defendant B: the main sentence of Article 95, Article 92 subparag. 5, and Article 43(1) of the former Clean Air Conservation Act;

1. Defendants to be suspended from sentence: Fine of 500,000 won; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants of suspended sentence: The Defendants and their defense counsel’s assertion on the grounds of sentencing under Article 59(1) of the Criminal Act (see, e.g., favorable sentencing conditions among the grounds of sentencing) are asserted to the effect that the Defendants and their defense counsel did not constitute a crime of violating the Clean Air Conservation Act on the grounds that: (a) aggregate that Defendant A does not cover a sloping cover, and the sloping aggregate does not constitute a “contincing substance

As alleged above, 13 meters or more in diameter shall be determined by the Defendants and the defense counsel.

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