폐기물관리법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. As to the primary facts charged, the Defendant’s “person who acquired waste disposal facilities” succeeds to the obligation to report under Article 33(1) of the Wastes Control Act, and thus, a violation of the Wastes Control Act is established unless the report on installation of waste disposal facilities is made
B. As to the ancillary facts, the instant compressed facilities constitute “air pollutant emitting facilities” and “noise and vibration emission facilities” as referred to in the Clean Air Conservation Act because it is obvious that the instant compressed facilities are 15KW or more, and as long as the Defendant operated by using the above facilities, the crime of violating the Clean Air Conservation Act and the Noise and Vibration Control Act is established
2. Ex officio determination
A. The prosecutor of Amendments to Bill of Indictment at the original trial shall report to the Minister of Environment in order for a person, other than the person who has obtained or intends to obtain permission from the Minister of Environment or the Mayor/Do Governor for waste disposal business, to install waste disposal facilities. Nevertheless, from October 2, 2014 to October 2, 2014, the defendant prosecuted on the charge that he installed waste disposal facilities without filing a report with the competent authority in the course of operating the water in the trade name called B from Seosan-si to C.
As stated in the paragraph, an application for changes in indictment was filed to add the violation of the Clean Air Conservation Act and the Noise and Vibration Control Act to the ancillary charge, and the court of original judgment granted permission.
B. A person who intends to install or alter the emission facilities of air pollutants violating the Clean Air Conservation Act 1 as added in the conjunctive charges, or to run a business using the said emission facilities, shall, under the conditions as prescribed by the Presidential Decree, report to the competent authorities. However, the Defendant, from October 2, 2014 to October 2, 2014, without reporting to the competent authorities.