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(영문) 대구지방법원 2012.11.08 2012고단467
골재채취법위반
Text

Defendant

A shall be punished by a fine of 6,00,000 won for a limited partnership company of the defendant, in eight months after he is sentenced to a penalty of 6,00.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A On July 8, 2011, the Cheongju District Court sentenced two years of suspension of execution to eight months of imprisonment for an injury, and the said judgment became final and conclusive on the 18th of the same month.

1. On March 18, 201, Defendant A filed a report on the selection and crushing of aggregate in the name of a limited partnership company B with respect to D and three parcels outside Busan Metropolitan City, Busan Metropolitan City on March 18, 201.

The defendant has used a report on the selection and crushing of aggregate from April 10, 201 to the same year by the defendant.

5. By August 1, 200, in Busan City E without obtaining permission from the competent authorities to extract sand from 2,880 cubic meters.

2. Defendant B’s limited partnership company is a juristic person established for the purpose of extracting forest aggregates and screening and crushing aggregate.

The defendant from April 10, 201 to the same year.

5. By August 8, 200, the above A, the representative of the defendant, was collecting sand from 2,880 cubic meters of 2,880 cubic meters without obtaining permission from the competent authority as above with respect to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and G;

1. On-site photographs;

1. Statement of earth and sand;

1. A report on the selection of aggregate;

1. Business plan;

1. Cadastral map, etc.;

1. Previous records of judgment: Criminal history records, etc. inquiry reports, previous records of dispositions, results of confirmation, investigation reports (verification of whether a suspect is a suspect), results of inspection of the Konet case bound in the public trial records, and application of Acts and subordinate statutes to statutes;

1. Article 49 subparagraph 3 of Article 49 and Article 22 (1) (Selection of Imprisonment) of the Aggregate Extraction Act; Article 51, subparagraph 3 of Article 49, and Article 22 (1) (Selection of Imprisonment): Article 22 (1) of the Aggregate Extraction Act;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal 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 Limited Partnership Company B: The Defendants and the defense counsel on the grounds of conviction and sentencing of Article 334(1) of the Criminal Procedure Act are limited to the classification of aggregate as reported by Defendant A at the site of this case.

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