골재채취법위반
The defendant's appeal is dismissed.
The main points of the appeal by the defendant are misunderstanding the facts and misunderstanding the legal principles, and earth and sand selected by the defendant (hereinafter referred to as the "soil and sand in this case") are not materials for aggregate, so it does not constitute aggregate materials.
Since the instant earth and sand falls short of the quality standards for aggregate by usage under Article 22-4(1)2 of the former Aggregate Extraction Act (Amended by Act No. 13672, Dec. 29, 2015; hereinafter the same) and Article 28-2 of the Enforcement Decree of the same Act (attached Table 1-3) and Article 28-2 of the Enforcement Decree of the same Act, it shall not be deemed aggregate or aggregate as raw materials.
The Defendant had been engaged in the business of picking aggregate under the name of Q Q, but according to the proviso of Article 32 of the current Aggregate Extraction Act, if a person who has obtained permission to extract aggregate intends to select aggregate, the Defendant is exempt from reporting. Thus, even if the Defendant did not report as to the facts charged, he was selected by selecting the instant earth and sand into sand and gravel.
Even if it is not punishable, it shall not be punished.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles.
The punishment sentenced by the court below which is unfair in sentencing (2 million won) is too unreasonable.
The lower court’s determination on the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine is reasonable in light of the relationship between the language and text of Article 32(1)3 of the former Aggregate Extraction Act and the context of “the pertinent law and the choice of punishment for the crime of 1.0” as stated in the judgment of the lower court’s determination, and in light of the relationship between the language and text of Article 32(1)3 of the former Aggregate Extraction Act, the term “raw materials” as stated in the above provision refers to materials mixed with other auxiliarys, including aggregate. As the term “aggregates” refers to rocks (limited to rocks for crushed stone), sand or gravel existing in the natural environment, such as rivers, forests, public waters, or on the ground and underground (Article 2(1)1 of the former Aggregate Extraction Act) that are used as materials for concrete and asphalt concrete, or other basic materials for construction works, and thus, the Defendant is sand and sand.