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(영문) 서울남부지방법원 2018.06.08 2018고단313
골재채취법위반
Text

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

However, the execution of a 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 "D" in Gangseo-gu Seoul Metropolitan Government and two lots outside Seoul.

1. A person who intends to operate a business collecting aggregate without registration shall register with the head of a Si/Gun/Gu having jurisdiction over the location of the principal office;

Nevertheless, from the beginning of August 2017 to October 16, 2017, the Defendant run the aggregate extraction business without registering the aggregate extraction business to the Gu office, which is the jurisdiction of the Gu office in the above place.

2. A person who intends to screen, clean, or crush rocks, sand, or gravel above the scale of 1,00 cubic meters per annum prescribed by Presidential Decree for the selection and crushing of unreported aggregate shall file a report thereon with the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, along with a site in excess of the scale prescribed by Presidential Decree necessary for the installation, etc. of a camping site and auxiliary facilities.

Nevertheless, from early August 2017 to October 16, 2017, the Defendant, without reporting the screening, crushing, etc. of aggregate to the Gu office, which is the jurisdiction of the Gu office of Gangseo-gu, which is the Gu office of Gangseo-gu, in the above place, selected and crushed aggregate in a proportion of 2,00 cubic meters of 2,00 cubic meters by using the crushing machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 49 subparagraph 1 of the same Act, Article 14 (1) (including occupancy and use of unregistered aggregate extraction business), Article 49 subparagraph 7 of the same Act, and Article 32 (1) of the same Act concerning facts constituting an offense (including occupancy and use of scrap of unreported aggregate);

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

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has committed the instant crime even though he/she was subject to criminal punishment for the same kind of crime committed at the same place.

However, the defendant is not subject to criminal punishment exceeding a fine, and the defendant does not engage in the business of collecting aggregate by closing his/her business after committing the crime of this case and removing his/her facilities.

Article 51 of the Criminal Code is mainly applied to the above.

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