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(영문) 광주지방법원 2019.09.27 2019고단2381
골재채취법위반
Text

Defendant

A shall be punished by imprisonment for six months, and by a fine of five million won for Defendant B.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

Defendant

B is a corporation with the purpose of aggregate extraction, sorting, crushing, etc. in Jeonnam-gun C, and the defendant A is a person who works as the head of the site office at a construction site where the above corporation is engaged in aggregate extraction work in B.

1. A person who has obtained permission to extract aggregate from a defendant shall extract aggregate in accordance with the permitted terms and conditions, such as the permitted area, period, and quantity of extraction;

Nevertheless, from August 14, 2017 to March 28, 2019, the Defendant collected approximately KRW 783 cubic meters in excess of KRW 84,606 cubic meters, which was permitted in excess of KRW 60,950 square meters, in depth exceeding 9.3 meters in depth permitted by the head of the Gun in the area of aggregate extraction from the 39 lots outside the Y-gun, Jeonnam-gun and approximately 39 square meters in depth, from around August 14, 2017 to around March 28, 2019.

As a result, the defendant extracted aggregate differently from the contents of permission from the YO.

2. Defendant B, the Defendant, at the same time and place as in the preceding paragraph, committed the same offense as in the preceding paragraph with respect to the Defendant’s duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. A written accusation;

1. The application of Acts and subordinate statutes, such as a photographic site, location map, the first notification of an administrative disposition taken by the person collecting aggregate, a permit to extract aggregate, a permit to extract aggregate, conditions for permission

1. Article 49 subparagraph 6 of the Aggregate Extraction Act and Article 26 (Selection of Imprisonment): Article 51 and Article 49 subparagraph 6 of the Aggregate Extraction Act and Article 26 (Selection of Imprisonment): Article 51 and Article 26 of the Aggregate Extraction Act;

1. Defendant B, Defendant B, etc.: A sentence shall be imposed on Defendant in light of the unfavorable circumstances, such as the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) (the reason for sentencing of the same kind of crime) has served two times as the criminal defendant, and one time as the fine was imposed, and

However, there is a violation of the terms and conditions of permission that the defendant repents and reflects the defendant's mistake.

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