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(영문) 전주지방법원 남원지원 2015.06.22 2015고단34

골재채취법위반

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant B is a juristic person with the main purpose of aggregate extraction business, and Defendant A is a former office of the said juristic person.

Defendant

A1) Unauthorized aggregate extraction Defendant is the Plaintiff’s land D from April 20, 2012 to April 23, 2012 (hereinafter “instant land”).

(2) On October 4, 2012, the Defendant’s selection and washing of unreported aggregate brought in from E and 3 lots outside the area where the permission to extract aggregate was obtained, and the aggregate taken out from 3,960 cubic meters outside the area where the permission to extract aggregate was obtained, and selected and cleaned it without reporting it to the Mayor of the Southernwon.

B. Defendant B, who is an employee of the Defendant, was the Defendant A.

2. The Defendants and the defense counsel’s assertion that the Defendants extracted aggregate from the instant land and screened and screened aggregate as indicated in the facts charged are recognized. However, from around 2008, Defendant A around 2008, the land adjoining to the instant land, F, and 18 lots of land (hereinafter “instant adjoining land”).

In the process, aggregate extraction was conducted, and only the aggregate extracted from the adjoining land of this case was sub-verted to the land of this case for the purpose of creating an access road to the land of this case and restored to its original state.

Therefore, such an act does not constitute an act of collecting aggregate without permission, and even if the defendant selected and cleaned aggregate extracted in the aforementioned restoration process, it cannot be deemed as an act of screening and washing aggregate not prohibited by the Aggregate Extraction Act.

3. Determination as to the violation of the Aggregate Extraction Act due to unauthorized aggregate extraction

A. According to the evidence duly adopted and examined by this court, the following facts are acknowledged.

(1) Defendant A shall be around December 1, 2008.

참조조문