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The defendant shall be innocent.
Reasons
1. The Defendant of the facts charged in the instant case is a factory head who exercises overall control over the site affairs of “D”, which is a member-gu Seoul metal heat processing and wholesale business entity located in Ansan-si.
around 1:00 on May 30, 2016, the Defendant operated an industrial effluent facility (capacity 2.4 cubic meters), which is an air pollutant emission facility, at the above D’s place of business, and operated the air pollutants in a state where the pipes connected to the ice concentrating power plant (capacity 280 cubic meters/divided), which is a preventive facility, were broken away, and air pollutants were not flown into the preventive facility.
2. The public prosecutor instituted a public prosecution by stating Articles 89 subparag. 3 and 31(1)1 of the Air Quality Conservation Act to the provisions of the Act applicable to the indictment of this case. Although the indictment of this case does not clearly state the facts charged in the indictment, in light of the facts charged under the applicable provisions of the law, the indictment of this case aims at the defendant's act of operating air pollutants to operate preventive facilities while operating air pollutants or discharging air pollutants discharged from emission facilities by mixing them with air pollutants to lower the pollution level.
Therefore, in order to be found guilty of the facts charged in the instant case, there was an intentional intent on the Defendant that the Defendant did not operate preventive facilities or emission air pollutants emitted from emission facilities mixed with air.
must be recognized.
In addition, Article 31 (1) of the Korea Air Quality Conservation Act prohibits certain acts in relation to the operation of air pollutants emission facilities and preventive facilities. If one of them commits an act falling under subparagraph 1 (in operating emission facilities, failure to operate preventive facilities or emitting air pollutants emitted from emission facilities, mixing them with air to lower the degree of pollution) while criminal punishment is imposed (Article 89 subparagraph 3 of the same Act).