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The defendant shall be innocent.
Reasons
A. The Defendant is a person engaged in the manufacture of plastic products under the trade name of Co., Ltd. C at both weeks, and a person who intends to install air pollutants emission facilities must report to the competent authorities.
Nevertheless, the Defendant, without reporting to the competent authority from June 201 to June 20, 2014, installed 90kw one and 55kw plastic facilities, which are air pollutants emission facilities, and operated using the emission facilities.
2. Determination
(a) Relevant laws and regulations and legal principles* The definitions of terms used in this Act are as follows:
11. The term "air pollutants" means a facility, machine, apparatus, and other objects discharging air pollutants into the atmosphere, which are determined by Ordinance of the Ministry of Environment;
* The Enforcement Rule of the former Air Quality Conservation Act (Amended by Ordinance of the Ministry of Environment No. 628, Dec. 22, 2015) Article 5 (Discharge Facilities of Air Pollutants) Article 2 subparag. 11 of the Act (hereinafter referred to as “discharge facilities”) is as listed in attached Table 3.
[Attachment 3] Air Pollutants emitting Facilities (Related to Article 5)
1. Air pollution emission facilities applicable no later than December 31, 2014;
(a) The criteria for the application of emission facilities 1) The emission facilities are all units of processes from the point in which each raw material (including subsidiary material and additives) or fuel is input to the point in which the process ends;
B. 14) Classification of discharge facilities is 14) Classification of synthetic rubber, plastic materials and plastic products manufacturing facilities), polypropyene or polyethylenes, the power of which is not less than 250 maths (including plastic facilities by means of voltage, pressure, or stimulation) laws and regulations 1) No. 2) The prosecutor bears the burden of proving the facts charged in a criminal trial of law, and the conviction of guilt is true to the extent that the judge does not have reasonable doubt.