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(영문) 대전지방법원 2013.07.26 2013고단1636
산지관리법위반
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 15 million won.

However, the defendant A.

Reasons

Punishment of the crime

1. As the trade name of the Defendant Company B, the Defendant obtained permission for extraction from the head of Geumsan-gun to June 30, 2012 for 221,234 square meters of stone and fine aggregate 6,394,56 square meters of stone and fine aggregate for construction from August 2008 to June 30, 2012, from the same place as 113,89 square meters of stone and fine aggregate for construction at the same time from June 30, 2012 to June 30, 2017.

The Defendant did not obtain permission of change from the competent authority, from January 201 to November 2012, 2012, the Defendant illegally collected soil and stone 18,542 cubic meters in cubic meters by making holes from nearby forest land 2,521 square meters and without permission adjacent to B Quarrying, by inserting powders into a tent, blasting, and moving earth and stone into a dump truck.

2. Defendant B, a corporation established for the purpose of aggregate extraction business, etc., and Defendant A, a representative director, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Reporting on the results of on-site inspections of earth and rocks and the application of statutes on current status of B illegal damage;

1. Article 54 subparagraph 4 of Article 54 and the main sentence of Article 25 (1) of the Management of Mountainous Districts Act (Selection of Imprisonment): Defendant B, a stock company under the text of Article 56 and Article 54 subparagraph 4 of the Management of Mountainous Districts Act and the main sentence of Article 25 (1) (Selection of Fine) of the Management of Mountainous Districts Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (no criminal punishment of imprisonment without prison labor or heavier, and partial recovery of damage);

1. Defendant B Co., Ltd.: The reason for sentencing of Article 334(1) of the Criminal Procedure Act was: (a) prior to and three times a fine of the same kind related to the environmental infringement of Defendant A; (b) the period of the crime was long; (c) the amount of earth and stones collected within the damaged mountainous district was considerably large; and (d) some of the profits therefrom were acquired, and restitution was practically impossible

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