Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who conducts a bath business with the trade name of “D” in Mapo-si.

Any person who intends to install and operate emission facilities generating specific air harmful substances shall obtain permission for the installation of emission facilities to the competent authority.

Nevertheless, the Defendant, from January 27, 2012 to July 15, 2015, did not obtain permission to install emission facilities in the Gun area, the competent administrative agency, when installing and operating 15.3 cubic meters x 10 metres, while installing and operating the Gun area, which is the air discharge facilities generated from specific air harmful substances (sulde, urine, hydrogen, sulphe).

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation reports (to attach report materials on wire question and charcoal related to whether specific air harmful substances in charcoal have occurred in the atmosphere);

1. Determination on the assertion that the act of the defendant was unaware of the degree of permission under the Air Quality Conservation Act, a test report and a written confirmation (1) is clear that the act of installing and operating a standby emission facility that produces a specific atmosphere without permission from a competent authority was subject to punishment as an act in violation of Article 89 subparagraph 1 or Article 23 (1) of the Air Quality Conservation Act at the time of January 27, 2012, in which the defendant started to install and operate it.

(2) The defendant may also commit an offense against the specified harmful substances.

There was a knowledge of the fact that the defendant's act was unaware of the scope of permission under the Air Quality Conservation Act (39 pages of evidence records). Therefore, the application of statutes does not affect the establishment of a crime of violation of the Air Quality Conservation Act due to the gross negligence on the land of the law).

1. Article 89 of the relevant Act and Articles 89 subparagraph 1 and 23 (1) of the Act on the Conservation of the atmospheric environment and the Selection of fines concerning facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Article 23(1) of the Air Quality Conservation Act, which is the main text of the allegation, is subject to permission.