Text
Defendant
A Imprisonment of six months, Defendant B shall be punished by a fine of five thousand won, respectively.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
B A corporation is a corporation with the purpose of measuring and analyzing environmental pollutants in Kimpo-si C and the fourth floor, and the defendant A is the representative of the above corporation.
1. A measuring agent who has registered his/her business as an agent for measuring air pollutants, etc. of Defendant A shall record the results of measurement and analysis as they are and keep such results for three years from the date of final entry;
Nevertheless, on January 10, 2017, the Defendant issued a false atmosphere measurement record which arbitrarily recorded the result of the measurement and analysis of environmental pollutants at E Co., Ltd.’s place of business, without being requested to measure and analyze environmental pollutants from E Co., Ltd. located in Kimpo-si, and without being actually measured and analyzed, on January 9, 2017, with the result of the measurement and analysis of environmental pollutants at E Co., Ltd.’s place of business: (a) the Defendant issued a false atmosphere measurement record which arbitrarily recorded “the date of collection: January 9, 2017; (b) dust: 6.3: etc.; and (c) from around that time to December 2018.
2. Defendant B, the representative of the Defendant, committed the above violation as to the date, time, place, and Defendant’s business at the place specified in paragraph (1).
Summary of Evidence
1. Defendants’ respective legal statements
1. A statement of the suspect;
1. F's certificate;
1. Application of statutes to business registration certificates, air measuring agency business registration certificates, and atmosphere measurement register;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 3 subparag. 7 of the Environmental Examination and Inspection Act and Article 18(1) of the Act on the Environmental Examination and Inspection (generalized for each commissioned enterprise) and selection of imprisonment with prison labor;
(b) Defendant B stock company: Articles 34, 33 subparag. 7, and 18(1) of the Environmental Examination and Inspection Act (limited to each commissioned company);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Code are applicable; and