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(영문) 부산지방법원 2018.05.02 2018고정279
골재채취법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although a person who intends to extract aggregate obtains permission from the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree, the defendant extracted aggregate equivalent to approximately KRW 1,136 cubic meters from the extraction of aggregate using the excavating machine without obtaining permission from the competent authority in the area owned by the D in the Seocho-si Kimcheon-si B or C on August 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report (the No. 14, 15 of the evidence list);

1. Article 49 of the relevant Act on Criminal facts and Article 49 of the Aggregate Extraction Act and Articles 22 (1) and 22 of the Act on the Selection of Aggregates;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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