Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,000,000 won, respectively.

However, the defendant A.

Punishment of the crime

1. Defendant A

A. On December 30, 2016, the Defendant violated the Air Quality Conservation Act, even though the head of Gangseo-gu Busan Metropolitan Government issued an order to close down non-reported atmosphere emission facilities on the grounds of the installation and operation of non-reported atmosphere emission facilities, but from around that time to January 9, 2018, the Defendant operated a building facility (one unit in 1,3.5 cubic meters in cubic meters from 17.6 cubic meters and one unit in cubic meters) in the “stock company B” located in Gangseo-gu Busan Metropolitan City.

As a result, the Defendant did not comply with the order of closure under the Air Quality Conservation Act.

(b) Any person who intends to install emission facilities in a residential area in violation of the Noise and Vibration Control Act shall obtain permission for the installation of a competent authority;

Nevertheless, from June 21, 2017 to January 9, 2018, the Defendant installed and operated a pressure emission machine (56.25kw) which is a noise and vibration emission facility, without obtaining permission from the head of Gangseo-gu Busan Metropolitan Government, the competent authority, in “B” as stated in the foregoing paragraph (a) from June 21, 2017 to January 9, 2018, and a compressed air (11kw) which is a noise emission facility.

2. Defendant B

A. The Defendant violated the Air Quality Conservation Act: (a) the date, time, place, and place mentioned in paragraph (1) above; and (b) A, the representative director of the Defendant, caused the Defendant to commit a violation of the Air Quality Conservation Act, such as Paragraph (1) above.

B. The Defendant violated the Noise and Vibration Control Act 1-B. At the time, place, and the place indicated in paragraph (1), A, the representative director of the Defendant, had the Defendant commit a violation of the Noise and Vibration Control Act, such as paragraph (1)-B.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation;

1. A certificate of confirmation, land use plan confirmation, and building register;

1. Application of statutes on site photographs;

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

(a) Defendant A: Imprisonment with prison labor, respectively, under Article 89 subparag. 5-2, Article 38 (the point of non-compliance with the order of closure), Article 57 subparag. 1, Article 58 subparag. 1 (the point of installation and operation of unauthorized emission facilities) of the Noise and Vibration Control Act, and Article 8 subparag. 1 (the point of operation) of the Noise and Vibration Control Act;

B. Defendant B: