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(영문) 의정부지방법원 2020.05.25 2019고단5465

폐기물관리법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, around February 2019, ceased to engage in fiber salting business with the trade name “C” in Yangju-si, and produces a s team using boiler facilities and sells it to nearby salting plants.

1. Any person who intends to install emission facilities, other than air pollutant-emitting facilities that emit specified hazardous air pollutants in violation of the Clean Air Conservation Act or air pollutant-emitting facilities in special measures areas, shall file a report with the Mayor/Do governor, but shall not install or alter emission facilities without filing such report or file a false report

Nevertheless, from March 6, 2019 to August 23, 2019, the Defendant produced and operated a s team using one waste incineration boiler (6t/hr), which is an air pollutant emitting facility installed without filing the aforementioned report at the said place of business.

2. Where it is intended to conduct a waste disposal business, such as interim and terminal waste disposal business in violation of the Wastes Control Act, it shall obtain permission from the competent administrative agency;

Nevertheless, the Defendant produced a s team using an incineration facility or an incineration boiler, which is an incineration facility or a heat recovery facility, at the time and place specified in Paragraph (1), and operated a waste disposal business by burning waste, which is a waste, as fuel without obtaining such permission.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Request for investigation (defation of companies violating the Clean Air Conservation Act and the Wastes Control Act), a statement of detection, related photographs, confirmation, and certificate of report on installation of air emission facilities;

1. Investigation report (verification as to whether the main incineration boiler was not reported air emission facilities);

1. Application of Acts and subordinate statutes to a report on investigation (specific time of crime);

1. In all cases, Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act and Article 23 (1) of the same Act concerning criminal facts and the unreported air pollutants;