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1. Defendant A shall be punished by imprisonment for six months.
However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a person who operates B Co., Ltd., a timber sanctions company in Seo-gu Incheon Metropolitan City.
1. Defendant A
(a) Any person who intends to install a emission facility of air pollutants violating the atmospheric environment conservation Act shall obtain permission from, or report to, the competent authorities, as prescribed by Presidential Decree;
Nevertheless, the Defendant, without reporting to the competent authority from April 27, 2017 to October 19, 2017, installed and operated 2.5kW sanctions facilities (37.5kW 1, 45kW 1) in a total of 82.5kW control facilities (37.5kW 1, 45kW 1).
(b) Any person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall obtain permission from the competent authority or report thereon to the competent authority, as prescribed by Presidential Decree;
Nevertheless, the Defendant, without reporting to the competent authority, installed two facilities to impose sanctions under the foregoing paragraph, which are noise emission facilities, in the said workplace from April 27, 2017 to October 19, 2017.
2. Defendant B Co., Ltd. had a representative A, at the time and place specified in paragraph 1, commit the act of violation as above in relation to its business.
Summary of Evidence
1. Defendants’ respective legal statements
1. Certificate or business registration certificate;
1. On-site photographs;
1. Application of Acts and subordinate statutes to certified copies of the corporate registry (B stock company);
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 90 Subparag. 1, Article 23(1) of the former Air Quality Conservation Act (Amended by Act No. 14487, Dec. 27, 2016); Article 58 Subparag. 1, Article 58(1), and Article 8(1) of the Noise and Vibration Control Act (including the installation and operation of non-reported noise and vibration emission facilities, including the installation and operation of non-reported noise and vibration emission facilities); each decision to punish imprisonment
B. Defendant B: Articles 95, 90 Subparag. 1, and 23(1) of the former Air Quality Conservation Act (Amended by Act No. 14487, Dec. 27, 2016) (unreported air pollutants)