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(영문) 대전지방법원 2015.06.10 2014노2851

대기환경보전법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statement of the witness and the evidence submitted by the prosecutor, the court below acquitted the Defendants, despite the fact that Defendant A failed to install a proof cover to control fugitive dust or to take necessary measures. However, the court below erred in the misunderstanding of facts.

2. Determination:

A. A summary of the facts charged is the manager of B corporation, and Defendant B corporation is a corporation with the purpose of housing construction and supply business.

1) A person who intends to conduct Defendant A’s business shall install facilities to control fugitive dust or take necessary measures. Nevertheless, from the end of December 2012 to January 23, 2013, the Defendant did not take necessary measures, such as installing a dust-proof cover or taking necessary measures in order to control fugitive dust in a timely manner, putting about 300 cubic meters (30 meters in length x 10 meters in width x 10 meters x 1m in height) generated in the course of digging the land at the place of business of E Corporation B located in Sejong Special Self-Governing City, Special Self-Governing City from the end of December 2012 to the end of January 23, 2013.

B. The court below held that there are witness F, G, and H’s respective legal statements, police interrogation protocol against Defendant A, and police interrogation protocol against Defendant A, which correspond to the facts charged in the instant case: (a) Defendant A denies its contents; and (b) Defendant A made a statement that the police interrogation protocol against Defendant A was not admissible as it denies its contents; (c) Defendant A was aware of the fact that Defendant A was not covered by the saves; (d) in light of its contents, it is difficult for the lower court to believe it; and (c) Defendant I made a statement to the effect that there was no saved, temporary saves, temporary saves, etc. at the construction site of the instant case at the time of the police investigation, but this was