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(영문) 청주지방법원 제천지원 2017.12.14 2017고정71
골재채취법위반
Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the actual operator of Defendant B, a business entity collecting aggregate in Jeju City D.

1. A person who intends to screen, clean, or crush aggregate in at least 1,00 cubic meters per annum shall file a report thereon with the competent authority; and if a person who has filed a report on extraction of aggregate intends to change the reported details, the person shall report such change with the competent authority;

Nevertheless, the Defendant did not report the change after the expiration of March 31, 2017, which was the completion date of the production period originally reported by the said stock company B, and then screened, washing, and crushing aggregate from April 1, 2017 to April 18, 2017.

2. The Defendant B’s employee, who was the Defendant, committed the same act as the Defendant’s business set forth in paragraph 1.

Summary of Evidence

1. The legal statement of Defendant A, and the legal statement of F, the representative director of Defendant B;

1. Statement of the police statement related to G;

1. G reports on results;

1. H’s self-statement;

1. Requests for the examination of relevant Acts following a report on the screening and crushing of aggregate and a report on the screening and crushing of aggregate, and requests for supplementation following a report on the screening and crushing of aggregate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 50 Subparag. 5 of the Aggregate Extraction Act and Article 32 Subparag. 2 of the said Act (Selection of a penalty);

B. Defendant B: Articles 51, 50 subparag. 5, and 32 subparag. 2 of the Aggregate Extraction Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B, who is to suspend the sentence: Fine of 300,000 won;

1. Defendant B corporation of suspended sentence: Article 59(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing as follows);

1. Defendant A of the provisional payment order: Determination of the sentence as ordered by comprehensively taking account of the following circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act and other conditions of sentencing as shown in the records, such as the Defendants’ age, occupation, sex, family relationship, and circumstances before and after the crime.

Defendant

A shall be punished by suspension of qualifications or more.

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