Text
Defendant
A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
A Co., Ltd. is a corporation established for the purpose of the manufacture and painting of interior households, and the defendant A is the representative director of the above corporation B.
1. A person who intends to install and operate a pollutant emitting facility of Defendant A shall obtain permission from the Minister of Environment or file a report with the Minister of Environment;
Nevertheless, the Defendant did not report to the competent authority on October 19, 2012, from around February 4, 2014 to around February 4, 2014, installed three boxes of painting facilities with a total of 391.2m2m2m2, air pollutants emission facilities, and two boxes of drying facilities with a total of 281.6m2m2m2.
2. Defendant B’s representative, the Defendant Company B, did not report as set forth in the preceding paragraph, and installed three of the painting facilities and two of the drying facilities, which are air pollutants emission facilities, and committed a violation in relation to the Defendant’s business.
Summary of Evidence
1. Defendants’ respective legal statements
1. Data on the safety and health of rained coal mines or materials;
1. Photographs related to the B illegal facilities;
1. Business registration certificate, certified transcript of corporate register, and certificate of factory registration;
1. A written confirmation of violation;
1. Application of Acts and subordinate statutes on trading lists;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 90 subparagraph 1 of the Clean Air Conservation Act and Article 23 (1) of the same Act;
(b) Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the Clean Air Conservation Act;
1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (i.e., confession and reflect, and the fact that there is no record of punishment exceeding a fine);
1. Defendant A of a community service order: Article 62-2 (1) of the Criminal Act;
1. Defendant B corporation: Article 334 (1) of the Criminal Procedure Act;