The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the above charges by misunderstanding the fact that the noise measurement procedure, which is the basis of the facts charged of this case, was problematic, is erroneous and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The gist of the facts charged is that the Defendant is a site site site site for the Construction Corporation, the Construction Business Chain Co., Ltd., Ltd. in Yangcheon-gu Seoul Metropolitan Government and nine parcels.

The head of a Si/Gun/Gu, etc. may order the person who generates noise to take necessary measures, such as the adjustment of working hours, the dispersion and suspension of noise and vibration generation activities, the installation of soundproof and vibration-proof facilities, the use of construction machinery which produce less noise prescribed by Ordinance of the Ministry of Environment, if the living noise and vibration generated at a place of business, a construction site, etc. exceeds the control standards, and the person in receipt of such order shall not violate such order.

On June 30, 2014, the Defendant generated 67dB noise exceeding 65dB, which is the noise control standard for living noise at a construction site in a residential area due to a climatic installation work, etc., and received an order from the head of Yangcheon-gu to take measures to order the dispersion of noise and vibration generation, etc. on the same day, the Defendant is obliged to take measures accordingly and report the result to the head of Si/Gun/Gu, etc.

Nevertheless, on July 7, 2014, the Defendant created 67DB noise exceeding the standard of living noise due to f7DB’s installation work at the construction site, without complying with the above order of action.

Accordingly, the Defendant violated the order to take measures such as the dispersion of noise and vibration generation by the head of Yangcheon-gu.

B. The lower court’s determination shall be based on the evidence as indicated in its judgment.