Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who has operated a painting facility, which is an air pollutant emission facility, in Kimpo-si B.

A person who intends to install emission facilities shall install emission facilities after filing a report thereon with the competent administrative agency, and shall not operate non-reported facilities.

The Defendant used one type (3m x 9m x 6m) of a painting facility emitting air pollutants (3m x 6m x 6m) and operated the air pollutants emission facility without filing a report on the installation of air emission facilities with the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on investigation (Reporting on detection of any violation of the atmospheric environment conservation Act);

1. A certificate;

1. Application of Acts and subordinate statutes governing the scene of violations;

1. Article 90 of the relevant Act on the Conservation of the Air Environment, and Articles 90 subparagraph 1 and 23 (1) of the Act on the Selection of Penalties concerning Criminal Facts, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

However, the defendant was already punished two times or more for the same crime.

Nevertheless, it is necessary to impose severe punishment that has been first controlled.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.