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(영문) 청주지방법원 충주지원 2014.02.21 2013고단665
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 Co., Ltd. is a corporation with the purpose of collecting, screening, crushinging, etc. in D at the Chungcheong City, and Defendant A is a person who operates the above “Co., Ltd.”.

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 2012 to February 2013, the Defendant collected sand, etc. (the extraction volume: 75,090 cubic meters, sand market value collected from 762,163,500 cubic meters from 75,090 cubic meters, and sand market value collected from 762,500 cubic meters from 762,500 cubic meters) in excess of the depth of aggregate permitted by the Chungcheong City in excess of 5 meters permitted by the Chungcheong City in depth.

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

2. Defendant B, a representative director of the Defendant, committed a violation as described in paragraph (1) from May 2012 to February 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Current status photographs;

1. A permit for aggregate extraction, a permit for aggregate extraction, and a summary;

1. A certified copy of the register;

1. Application of the Acts and subordinate statutes to the investigation report (related to the current status of supply of aggregate B and aggregate);

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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