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The prosecutor's appeal is dismissed.
Reasons
1. Even if the defendant does not have installed the instant waste disposal facilities, as long as he received it with knowledge that the instant waste disposal facilities have been installed without reporting, the defendant has the duty to report under the proviso of Article 29(2) of the Wastes Control Act.
Therefore, the judgment of the court below is erroneous in misconception of facts and misapprehension of legal principles.
2. Determination
A. The summary of the facts charged against Defendant A (hereinafter “Defendant Company”) is a company established for the purpose of abolition recycling, etc., and has been placed in Soyang-gu, Soyang-gu, Yangyang-gu. Defendant B is the representative director of the Defendant Company.
A person who has obtained permission for waste treatment business or intends to install waste treatment facilities shall report to the Minister of Environment.
1) Defendant B without filing the aforementioned report, and between December 3, 201 and November 2, 2012, the Defendant, at the Defendant’s high-sea establishment, was two compressed Facilities with the power of 100 miles, which constitutes mechanical recycling facilities, among the waste disposal facilities at the Defendant’s high-sea establishment (hereinafter “instant compressed Facilities”).
(2) The Defendant Company established and operated the business. (2) The Defendant Company committed a violation of the law stated in Article 29(1) of the former Wastes Control Act (amended by Act No. 12321, Jan. 21, 2014; hereinafter Article 66 subparag. 11 of the same Act). The former Wastes Control Act (amended by Act No. 12321, Jan. 21, 2014; hereinafter referred to as “the person who installed waste disposal facilities without reporting in violation of Article 29(1) is punished. The proviso of Article 29(2) of the same Act provides that “The person shall report to the Minister of Environment in order to install waste disposal facilities of the scale prescribed by Ordinance of the Ministry of Environment.” Article 38 subparag.