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The defendant shall be innocent.
Reasons
1. A person who intends to install a painting facility in at least five cubic meters, which is an air pollutant-emitting facility, shall report thereon to the competent authority;
Nevertheless, from April 14, 2015 to November 7, 2016, the Defendant did not report to the competent authorities at the place of business of “D,” a tent manufacturing business entity, which was operated by the Defendant, in Yangju-si, at the place of business of “D,” and installed a seal facility at a volume of 10.6 cubic meters (x 2.5m x 1.7m mm) from the volume of 10.6 cubic meters (x 2.5m x 1.7m) and performed the work using compressed machines
2. According to the evidence duly adopted and examined by this court, the fact that the defendant engaged in a tent manufacturing business and engaged in painting work outside the warehouse, and that the defendant's place of business was controlled due to civil petition filing, and that the compressed machines and presses were found at the time.
air pollutants means facilities, machinery, apparatus, and other objects that emit air pollutants into the atmosphere as determined by Ordinance of the Ministry of Environment (Article 2 subparag. 11 of the Air Quality Conservation Act), Article 5 of the Enforcement Rule of the Air Quality Conservation Act, and [Attachment 3] thereof;
2. B. 25) According to the records of this case, more than five cubic meters of volume or not less than 2.25 km of power-driven facilities correspond to air pollutant emission facilities as prescribed by the above Act. Here, the term “ sealed facilities” refers to work rooms that mainly focus on the exclusive installation or painting for painting (see Supreme Court Decisions 2002Do7385, Feb. 26, 2003; 2002Do6278, May 13, 2003, etc.). The following circumstances recognized by the records of this case are as follows: ① Regulatory E, a public official, is in this court, the space used by the Defendant for painting work on the outside of the Defendant’s warehouse (2.6 m x 2.5 m x 1.7m m m m m ) and did not work on the side of the Defendant’s space outside the Defendant’s warehouse at the time of regulating the specific developments.
The above outdoor space was stated.