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(영문) 부산지방법원 2015.08.12 2015고단1166
골재채취법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who runs the business of collecting aggregate in Busan Gangseo-gu C and D with the trade name of E.

1. Anyone who intends to operate an aggregate extraction business shall register with a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction

Nevertheless, the Defendant, from the early July 2014 to the early December 2014, operated aggregate extraction business with approximately KRW 100,000,000, by selecting aggregate from around 912 cubic meters by using scrails and aggregate screening machine at the above place without registering with the head of the Gu.

2. A person who intends to screen, clean, or crush aggregate in at least 1,00 cubic meters annually shall report thereon to the head of the competent Si/Gun/Gu under the conditions as prescribed by Ordinance of the Ministry of Land, Transport

Nevertheless, from the early July 2014 to the early December 2014, the Defendant did not select aggregate from approximately 9112 cubic meters and report it to the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to a charge, investigation report (report appended to a sand removal site);

1. Article 49 of the relevant Act on the facts constituting an offense and subparagraph 1 of Article 49 of the Aggregate Extraction Act that choose the penalty therefor, Article 14 (1), subparagraph 5 of Article 50 and Article 32 (1) 1 of the Aggregate Extraction Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no criminal record of punishment exceeding the motive and background of the crime in this case and the

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