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(영문) 서울남부지방법원 2016.04.29 2015고단3616

골재채취법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in aggregate extraction business under the trade name of "F" in Gangseo-gu Seoul Metropolitan Government E.

A person who intends to operate a business collecting aggregate shall register with the Mayor of a Special Self-Governing City or a Special Self-Governing Province or the head of a Si/Gun/Gu having jurisdiction over the location

Nevertheless, the Defendant, from October 24, 2014 to August 26, 2015, carried on the business of separating sand and gravel by using a string machine, a sand separationr, in order to extract aggregate for profit without being registered with the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness G;

1. A certificate of violation;

1. A H statement;

1. The accusation (the head of Gangseo-gu Seoul Metropolitan Government);

1. Answers to traffic on the national land;

1. A report on the results of business trips;

1. Business registration certificate;

1. The photograph of the place of violation on the selection of aggregate [the defendant and his/her defense counsel obtained permission for the installation of facilities for collecting recyclable resources within the development-restricted zone and installed and operated a mobile screening facility within the permitted area, and the permission for the installation of the above facilities naturally includes permission for the selection of recyclable resources. As such, the permission for the selection of recyclable resources is naturally included, so the defendant's act does not violate the Aggregate Extraction Act because it is not required to be registered under the separate Act on the separation of sand and gravel by the use of the rain.

The argument is asserted.

According to the evidence duly adopted and investigated by this court, the defendants' selection of the defendants is the gravel and sand in their natural condition incidentally extracted through the civil engineering and construction work, which constitute aggregate under the Aggregate Extraction Act. The treatment volume is also 4,000 cubic meters away from 1,000 cubic meters per annum (the 23th page of the evidence record), so in order for the defendants to select the above aggregate, it should be registered with the competent authority in accordance with the Aggregate Extraction Act.

2.