Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. No person shall install any air pollutant emission facility or operate any business using such emission facility without reporting to the Mayor/Do Governor;
Nevertheless, on December 2014, the Defendant installed an incineration facility (40 km/hour) of air pollutants emission facilities without reporting to the Southern-si Mayor in 139-24, Namyang-si, Namyang-si, 2014.
Accordingly, the Defendant installed air pollutants emission facilities without reporting to the Mayor of Namyang-ju.
2. No person, other than a person who has obtained or intends to obtain permission for waste management business in violation of the Waste Management Act, shall install waste disposal facilities of a scale prescribed by Ordinance of the Ministry of Environment without reporting
Nevertheless, the Defendant did not report to the South-ju City Mayor at the time and place specified in paragraph 1, and installed an incineration facility with a daily disposal capacity of less than 100 tons as above.
Accordingly, the defendant installed waste disposal facilities of the scale prescribed by Ordinance of Ministry of Environment without reporting to the Mayor of Namyang-ju.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Statement made by the police against D;
1. Reporting on the results of inspection of workplace guidance;
1. Application of statutes on site photographs;
1. Subparagraph 1 of Article 90 of the relevant Act on the Conservation of Air Quality (a point of installation of a non-report on the emission facilities of air pollutants), Article 23 (1) (a point of installation of a non-report on the emission facilities of air pollutants), subparagraph 11 of Article 66 and Article 29 (2) of the Wastes Control Act on facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendant’s primary offender; the fact that the instant incineration facility has not been operated in fact; the Defendant’s age, sex, environment, motive for committing the crime; the means and consequence of the crime; and the circumstances after committing the crime.