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(영문) 의정부지방법원 2018.01.19 2017고단2382
골재채취법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A person who intends to run a business collecting aggregate from Defendant A shall register with the Special Self-Governing City Mayor, the Special Do Governor, or the head of the Si/Gun/Gu having jurisdiction over the location of the principal

Nevertheless, on September 30, 2016, from around January 15, 2017 to around December 15, 2017, the Defendant engaged in aggregate extraction business by screening and crushing aggregate without registering it with the competent authorities at the work site of F Co., Ltd., a company that is a business entity collecting aggregate in the area of nine parcels (8,900 square meters) of E, etc., Namyang-si.

2. A person who intends to operate a business collecting aggregate provided by Defendant B shall register with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu having jurisdiction over the location of

Nevertheless, the Defendant, on January 16, 2017 from around April 13, 2017, operated the aggregate extraction business by screening and crushing aggregate without registration with the competent authorities at the F’s workplace, a corporation, the aggregate extraction business entity run by the Defendant in the area of nine (8,900 square meters) such as E, Nam-si, Nam-si.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the statute of accusation - Defendants

1. Article 49 subparagraph 1 of the relevant Act and Articles 14 (1) of the Aggregate Extraction Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In the case of Defendant A with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the person who committed the same crime and who committed the same crime during the period of suspended execution shall be held liable for recidivism.

However, a fine shall be imposed in consideration of the fact that there are some extenuating circumstances for continuing the business of collecting aggregate and that new registration of the business of collecting aggregate has been completed on December 11, 2017.

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