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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. On May 31, 2018, the day of the instant crime, the gist of the grounds for appeal, in light of the field photographs of May 31, 2018, Defendant A, even though the road was packageed in front of the door of the instant construction site, it is possible for Defendant A, who was unable to install a spact facility in front of the instant construction site, to know the construction site as it is by the construction site, and the soil buried with the wheels of the construction vehicle was discharged to the road.
In addition, the general vehicle was passing through the above road, and the fire-proof walls were not installed between the above road and neighboring apartment buildings, which could cause damage to many people due to scattering dust.
Therefore, even if the common wheels is installed separately in other places, Defendant A cannot be deemed to have taken all necessary measures to suppress scattering dust.
Nevertheless, the judgment of the court below which acquitted Defendant A and its employer, was erroneous and adversely affected by the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case 1) Defendant A is the head of the building-building construction work (scale: 54,512.68 square meters) being constructed by B Company B on the B B B B B B B B’s employees on the G B B B block. A person who intends to conduct a business generating dust dust must install facilities to control dust dust or take necessary measures. Nevertheless, the Defendant failed to install facilities to control dust by operating a vehicle without installing any facilities for the first place of the construction site, which generated dust, on May 31, 2018, at the time of filing a report on dust dust dust, without installing any facilities for the prevention of dust, which are reported to be installed at the time of filing a report on dust scattering. 2) Defendant B, as above, committed an offense against the Defendant’s duties.
B. Defendant B.