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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor on the grounds of appeal, it is sufficiently proven that the Defendant A produced aggregate exceeding the existing aggregate output without reporting the change.
Although the court below found the Defendant not guilty of the facts charged of this case, it erred by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the
2. Determination
A. The summary of the facts charged in the instant case is the actual representative of the Defendant A, and the Defendant B is a corporation established for the purpose of crushing aggregate sorting and crushing, which is engaged in the production of aggregate by obtaining rocks from the construction site and sorting and crushing them, and again in supplying them to the construction site or ready-mixed factory.
1) A person who intends to screen and crush aggregate by receiving the supply of Defendant A rocks shall prepare a site larger than the size prescribed by Presidential Decree necessary for the installation, etc. of an open storage site and ancillary facilities and report to the head of the competent Si/Gun/Gu on matters such as the production period or production period of aggregate, the scale or location of the site for the project, etc., and if a person who has reported aggregate extraction intends to change the reported details, the person must report
On March 2015, the Defendant submitted a report on the crushing of aggregate to the head of the Gu/U.S. Si around March 2015, 2015, stating “production period: From around March 10, 2015 to June 10, 2018,” “Gu/U.S. Si D”, “production volume: 500 cubic meters per day’s production volume”, and filed a report on the crushing of aggregate, and accordingly, produced aggregate from the above camping site by receiving approximately KRW 40,00 cubic meters of rock rocks at the construction site around March 2015.
However, the Defendant received an additional supply of approximately 25,00 cubic meters in total of blasting cancer from G Co., Ltd. located in the Gu and Sinsi-siF without reporting to the Gu and Sinsi-si Mayor on annual aggregate production volume from around June 13, 2015 to July 28, 2015.