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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates a household manufacturer with the trade name of “C” in Seo-gu Incheon Metropolitan City.
1. 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 February 8, 2017 to October 19, 2017, installed two air pollutants-emitting facilities, 7.5kW sanctions period 2, 3.7kW sanctions period 2, 3.7kW sanctions period 2, 1.5kW sanctions period 2, 7.5kW facilities 8, 7.5kW annually, and 21kW annually installed and operated a power-generating facility.
2. 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 make a report thereon to the competent authority, as prescribed by Presidential Decree;
Nevertheless, the Defendant, without reporting to the competent authority from February 8, 2017 to October 19, 2017, installed and operated 7.5kW sanctions, which is a noise emission facility, 2 machinery, 3.7kW sanctions, 2 machinery, 1.5kW sanctions, 2 machinery, 1.5kW sanctions, and 15kW compresseds, respectively, at the said place of business from around February 8, 201 to around October 201.
Summary of Evidence
1. Statement by the defendant in court;
1. Each investigation report (the land use plan of a factory site attached to the factory site and the filing of data on past administrative dispositions);
1. A written confirmation, a land use plan, or an order for administrative disposition;
1. Application of statutes on site photographs;
1. Article 90 Subparag. 1, Article 23(1) (including the installation and operation of non-reported air pollutants, including the installation and operation of non-reported air pollutants), Article 58 Subparag. 1, 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), and each option of imprisonment with labor, respectively.
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.