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(영문) 의정부지방법원 2020.04.13 2019고단3973
골재채취법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to operate an aggregate extraction business shall register with the head of a Si/Gun/Gu having jurisdiction over the location of his/her main office, and a person who intends to screen, clean, or crush aggregate shall prepare a site at least the scale prescribed by Presidential Decree necessary for installing a field yard and auxiliary facilities and report thereon to the head of the competent Si/Gun

Nevertheless, from March 6, 2019 to August 8, 2019, the Defendant operated aggregate extraction business as D with approximately approximately KRW 4,225 square meters in Nam-si, Namyang-si and C, and without registering aggregate extraction business and reporting on the selection, collection, etc. of aggregate extraction business, and installed and operated open pits and auxiliary facilities for collecting, producing, and crushing aggregate from the scene of civil engineering works without reporting on the registration of aggregate extraction business and the selection, collection, etc. of aggregate.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A written accusation;

1. Each E statement;

1. Application of Acts and subordinate statutes to the original state order, advance notice-D, advance notice-D, scrap-D due to screening or crushing of illegal aggregates, inspection records of illegal aggregate, inspection records of current status, and reports on the results of business trips following the screening or crushing of illegal aggregates;

1. Article 49 subparagraph 1 of Article 49, the main sentence of Article 14 (1) of the Aggregate Extraction Act (referring to the occupation of management of the aggregate extraction business without being registered and the management thereof), subparagraph 7 of Article 49, and the main sentence of Article 32 (1) of the Aggregate Extraction Act (referring to the occupation of selective crushing and crushing of unreported aggregate), and the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the Defendant had been sentenced to three times a fine for the same kind of crime committed at the same place, has repeatedly committed the instant crime.

However, under favorable circumstances, the fact that the defendant is against the situation, the closure of the facility after the crime of this case, and the removal of the facility, and the restoration of the facility is completed.

The age, character and conduct of the defendant.

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