골재채취법위반
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
Defendant.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the imprisonment of eight months, the suspension of execution of three years, and the community service order 120 hours) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor’s ex officio, the Prosecutor extracted aggregate of “189,259,000 cubic meters (or KRW 1.89,259,000,00)” from among the facts charged in the instant case at the trial.
“A request for amendments to a bill of amendment was made to the effect that “the aggregate was extracted from approximately KRW 1.74,672 cubic meters (or approximately KRW 1.74,672,00 in the market price)” and that the subject of the judgment was changed by this court’s permission. As such, the lower judgment was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, after hearing.
Punishment of the crime
On July 8, 2011, the Defendant was sentenced to one year of suspended execution for six months of imprisonment by violating the Aggregate Extraction Act at the Gwangju District Court, and the judgment became final and conclusive on September 15, 201.
The defendant is a substantial operator of I Co., Ltd. in the mine area H.
As between March 16, 2007 and October 30, 2008, the Defendant obtained permission from the head of Pyeongtaek-gun, the competent authority, to extract aggregate ( sand) 70,271 cubic meters from the 16th parallel J of Ham-gun and 16th parallels.
A person who has obtained permission to extract aggregate shall obtain approval from the competent authority when he/she intends to modify any permitted matter.
Nevertheless, from January 1, 2008 to October 2008, the Defendant extracted aggregate from 174,672 cubic metres in addition to the permitted quantity without obtaining approval from the competent authorities. (Around 1, 2008, KRW 174,6720,00).
As a result, the defendant extracted aggregate in excess of the permitted contents from the competent authorities without approval of the change.
Summary of Evidence
1. The trial of the defendant;