A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a final waste recycling company with a mutual name, “C,” in Ulsan-gun B.

1. Every waste treatment business operator that violates the Wastes Control Act shall store wastes in an appropriate place, such as storage facilities within the permitted place of business, temporary storage facilities approved, etc., and shall not store wastes in violation of such provisions;

Nevertheless, between December 2018 and April 30, 2019, the Defendant kept 16.5 tons of waste synthetic resin, which is waste, at the place of business, outside the place of business, not the storage facility in the place of business.

2. No business operator who violates the Clean Air Conservation Act shall operate preventive facilities when he/she operates emission facilities or commit any act of emitting pollutants emitted from the emission facilities of air pollutants mixed with air to lower the degree of pollution;

Nevertheless, from March 25, 2019 to April 30, 2019, the Defendant operated two compressed-type facilities (power 112.5kW), which are air pollutants emission facilities, at the said “C” workplace, from March 25, 2019, and failed to operate the detailed-scale facilities (80 cubic meters/minutes), which are preventive facilities.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of violation;

1. Each report on investigation;

1. Map of each location (Evidence records 10, 109 pages);

1. Each photograph (Evidence records 13 to 27 pages);

1. Application of Acts and subordinate statutes to permits for terminal waste recycling business and reports on installation of standby emission facilities;

1. Relevant Articles 66 and 66 subparagraph 9 of the Wastes Control Act, Article 25 (9) 1 (the point of keeping wastes in a place other than storage facilities in a permitted place of business), subparagraph 3 of Article 89 and Article 31 (1) 1 of the Clean Air Conservation Act (the point of failing to give consent to the installation of preventive facilities when operating emission facilities), and the selection of imprisonment for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”) is a waste disposal business entity with the reason for sentencing.