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(영문) 청주지방법원 충주지원 2014.02.14 2013고단664
골재채취법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of ten million won for Defendant B.

However, Defendant A.

Reasons

Punishment of the crime

Defendant

A stock company B is a corporation with the purpose of aggregate extraction business, etc. in Chungcheongnam-si, and the defendant A is the person who operates the above "B" corporation.

1. A person who has obtained permission to extract aggregate from a defendant shall extract aggregate in accordance with the terms and conditions of the permission within the permitted period;

Nevertheless, from May 2, 2012 to January 22, 2013, the Defendant collected aggregate sand, etc. (the volume of sand collected from 83,582 cubic meters, the market value of sand collected from 794,02,000 cubic meters: 794,029,000 cubic meters) in excess of 5 meters in depth exceeding the depth of aggregate permitted from 5 meters and 13 meters in width from 5 meters and 13 meters (the sand: 29,482 cubic meters, and gravel: 19,65 cubic meters) from 19,65 meters in width.

Accordingly, the defendant violated the contents of permission from Chungcheong City.

2. Defendant B, the Defendant, from May 2012 to January 22, 2013, committed the Defendant’s business violation as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. On-site photographs;

1. Conditions for permission of aggregate extraction, conditions of permission, and summary of permission;

1. A permit to extract aggregate;

1. A certified copy of the register;

1. Application of Acts and subordinate statutes to investigation reports (B and reports on the current status of aggregate extraction);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 49 Subparag. 6 and Article 26 of the Aggregate Extraction Act; Selection of imprisonment;

(b) Defendant B: main sentence of Article 51 of the Aggregate Extraction Act, Article 49 subparagraph 6 of the same Article, and Article 26 of the same Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B Co., Ltd.: The unfavorable conditions for sentencing of Article 334(1) of the Criminal Procedure Act: The Defendants extracted aggregate in violation of the degree of depth of the permitted aggregate and the amount of aggregate extraction to a considerable extent; thus, the circumstances favorable for the Defendants to the extent that the quality of the crime is not that of the crime: the Defendants restored the land extracted from aggregate to its original state; Defendant A did not have any criminal records exceeding the fine;

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