Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates a liquid manufacturing enterprise in Seo-gu Incheon, Seo-gu.
Any person who intends to install a painting facility, the volume of which is at least five cubic meters or the volume of power of which is at least three miles, shall file a report on installation of a facility emitting air pollutants with the competent authority, and any person who intends to install a painting facility, the volume of which is at least ten miles, shall file a report on installation of
Nevertheless, from January 1, 2013 to August 26, 2013, the Defendant installed and operated a compressed machine for painting work, which is an emission facility, without filing a report on installation of air pollutants emission facilities and a report on installation of noise emission facilities, with the competent authority.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Application of Acts and subordinate statutes on documentary evidence;
1. Subparagraph 1 of Article 90 of the Clean Air Conservation Act and Article 23 (1) of the same Act concerning facts constituting an offense, and subparagraph 1 of Article 58 of the Noise and Vibration Control Act and Article 8 (1) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment with prison labor (in consideration of the fact that five times a fine has been imposed for the same kind of crime);
1. Article 62 (1) of the Criminal Act on Suspension of Execution;