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(영문) 대구지방법원 2018.06.22 2018고정123
골재채취법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

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

Reasons

Punishment of the crime

1. A person who intends to screen aggregate of at least 1,00 cubic meters from among Defendant A shall prepare a site of at least 3,000 square meters necessary for the installation, etc. of a camping site and an ancillary facility and report it to the head of the competent Si/Gun/Gu;

The Defendant, as an actual operator of Company B, screened and crushed aggregate from around 30,000 cubic meters from the Gyeongdong-gun E and F to November 30, 2017, without reporting, from September 12, 2017 to November 30, 2017.

2. Defendant B Co., Ltd. screened and crushed aggregate without reporting the Defendant’s business as above.

Summary of Evidence

1. 피고인 A에 대한 경찰 피의자신문 조서 중 신고가 수리되지 않은 상태에서 기계로 자갈 등을 부숴 골재를 생산했다는 취지의 진술 기재

1. Details of offenses;

1. Location map and on-site photographs;

1. Application of Acts and subordinate statutes to which notification of non-acceptance of report on the crushing of aggregate is made;

1. Defendant A: Article 49 subparag. 7 of the Aggregate Extraction Act and Article 32(1) of the said Act (Optional to a punishment): Defendant B: Articles 51, 49 subparag. 7, and 32(1) of the said Act;

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

1. Defendants on probation: Determination as to the assertion by the parties related to a lawsuit [see Article 62(1) of the Criminal Act, considering that Defendant B, a corporation, was successful in the first instance court (Seoul District Court 2017Guhap 23966), and that there was no mistake by the competent authority, which did not receive any report that the Defendants did not comply with the law]

1. Although the Defendants reported by the defense counsel, the Defendants illegally rejected the Defendants’ assertion on the ground that the number of Glllllldong-gun was “a neighboring residents’ opposition” without any legal basis.

As long as the rejection of report is illegal, this crime is not established.

2. Since the judgment of administrative disposition is fair, it shall be treated as effective until it is revoked even if it is illegal.

Even if a rejection disposition is revoked by judgment, administrative agencies shall have the duty of re-disposition in accordance with their purport.

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