The prosecutor's appeal is dismissed.

1. The reason behind appeal is that the Defendant’s disposal of not less than five tons of industrial wastes should be deemed not simply the disposal of wastes in excess of the weight, but the act exceeding the permitted business content.

However, the court below rendered a not guilty verdict on the facts charged of this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a corporation established for the purpose of waste collection and transport business by Defendant E located in Daegu Dong-gu, Daegu-gu, and the Defendant is a corporation.

A business entity collecting and transporting daily wastes may not treat wastes generated from a place of business that discharges at least five tons of wastes through a series of construction or work, but C shall have the same year from June 6, 2014.

6. By up to 17. G-owned housing located in the Daegu Suwon-gu, a total of 6.60 tons of waste generated while performing interior repair works, and an I-owned housing located in the Daegu H, and a total of 5.14 tons of waste generated while performing inside repair works, engaged in a business that deviates from the classification of the waste management business and the scope of the business.

Defendant C, an employee of the Defendant, committed the above illegal act in relation to the Defendant’s business at the above time and place.

B. The lower court’s determination does not mean that Article 66 subparag. 6 of the Waste Management Act provides that where a person who has obtained permission for a waste treatment business under any of the subparagraphs of Article 25 subparag. 5 of the same Act engages in another waste treatment business, such cases cannot be construed as a penal provision that punishs the case of this case. Thus, insofar as C, an employee of the Defendant, was exempted from waste collection and transportation business and engaged in other waste treatment business, the same act as indicated in the facts charged, is not limited to Article 66 subparag. 6 of the Waste Management Act.