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(영문) 의정부지방법원 2016.04.22 2014고단4002
골재채취법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant is a person who operates E in Gui-si D.

Any person who intends to operate a business collecting aggregate shall register with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

Nevertheless, around July 28, 2014, the Defendant installed aggregate scrapers breaking rocks under the above E, and sold 6,000 won per 6,00 won per year after crushing rocks as aggregate from around that time to October 24, 2014.

Accordingly, the defendant operated the aggregate extraction business without registering the business.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. Application of the location map and photograph statutes;

1. Relevant legal provisions and Articles 49 Subparag. 1 and 14(1) of the former Aggregate Extraction Act (Amended by Act No. 12970, Jan. 6, 2015; hereinafter the same shall apply) regarding criminal facts, and the choice of imprisonment (including the fact that there has been several records of having been punished for violation of administrative laws and regulations, etc.)

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 2011);

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