Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won for Defendant B.

However, the defendant A.

Punishment of the crime

Defendant

A is a person who operates B, which is a painting company, in Seo-gu Incheon Metropolitan City.

1. Defendant A

(a) 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 July 28, 2017 to October 18, 2017, installed one string of the power-driven facilities, which is the air pollutants-emitting facility, and 7.5kmW 75kW away facilities, and operated each string of the facilities.

(b) 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 report thereon to the competent authority, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing a report with the competent authority, installed and operated the foregoing paragraph’s painting facilities, which are noise emission facilities, in the said workplace from July 28, 2017 to October 18, 2017.

2. Defendant B Co., Ltd. had a representative A, at the time and place specified in paragraph 1, commit the act of violation as above in relation to its business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Certificate or business registration certificate;

1. On-site photographs;

1. Application of statutes governing certified copies of corporate registers;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 90 subparag. 1, Article 23 subparag. 1 (the installation and operation of an emission facility of unreported air pollutants), Article 58 subparag. 1, and Article 8(1) (the installation and operation of an emission facility of unreported noise and vibration) of the Noise and Vibration Control Act, and selection of imprisonment, respectively;

B. Defendant B: Articles 95, 90 subparag. 1, 23(1) (the installation and operation of an unreported air pollutant emission facility) of the Air Quality Conservation Act, Articles 59, 58 subparag. 1, and 8(1) of the Noise and Vibration Control Act (the installation and operation of an unreported noise and vibration emission facility).