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.

Punishment of the crime

The Defendant is a person who operates a household manufacturer of “C” which is linked to Seo-gu Incheon.

(a) Any person who intends to install a painting facility with at least 2.25km of power in violation of the Air Quality Conservation Act, a building facility with at least five cubic meters in cubic meters, or a smoke-driven facility with at least 15km of power shall file a report on the installation of an emission facility with the competent authority;

Nevertheless, from June 2013 to October 18, 2017, the Defendant, without filing a report on the installation of air pollutants emission facilities with the competent authority at the same place, was equipped with 7.5km seal facilities of 7.5kW, one building facility of a volume of 158.4 square meters for air pollutants-emitting facilities, one unit of a building facility of a volume of 12 vehicles with a total power of 23.25kW (from June 2013 to August 9, 2016).

(b) A person who intends to install a compressed machine with at least 7.5km of power in violation of the Noise and Vibration Control Act shall file a report on the installation of a noise and vibration emission facility with the competent authority;

Nevertheless, from June 2013 to October 18, 2017, the Defendant did not file a report on the installation of noise and vibration emission facilities with the competent authority at the above location, and had one compressed machine of 7.5kW, a noise and vibration emission facility.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation, on-site photographs;

1. Application of Acts and subordinate statutes of each investigation report;

1. Subparagraph 1 of Article 90 and Article 23 (1) of the Conservation of the Air Quality Act concerning facts constituting a crime, and subparagraph 1 of Article 58 and Article 8 (1) of the Noise and Vibration Control Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative imprisonment with prison labor (the term "unreported imprisonment" means that the person remains in the property type in light of the period of operation and accumulated records of the same kind of power, specified above, but it is difficult to achieve the effect of preventing recidivism);

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the completion of the closure of facilities in the high seas and the remaining good practices);