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(영문) 서울남부지방법원 2013.08.23 2012고합760

문화재보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

One point in the seized Cheongchip, one in the white Cheongchip, one in the black lux, and one in the black lux.

Reasons

Punishment of the crime

The defendant is living in his/her place of residence with the term "C" in a mutually solid art prize.

No one may export or take out any cultural heritage belonging to movable property overseas, among those not designated.

Nevertheless, at around 08:30 on August 25, 2012, the Defendant stated the instant indictment as follows: (a) around 08:30, at the 150 Kimpo Airport International Airport Line of Gangseo-gu, Gangseo-gu, Seoul, the Defendant: (b) 1, 1, 1, 1, 1, 1, 1, 1, 1, 0000 in black lusium, 1, 3, 1, 1, 000 in black lusium, and 1, 1, 2000 in wooden lusium; (c) however, according to the statement in the protocol of the appraisal of seized cultural heritage, this is not a lusium, but a lusium is not a lusium; and (d) since both the lusium and the lusium are confirmed as ordinary movable cultural heritage, it is not likely to have any disadvantage to the Defendant’s exercise of his right to defense.

(See Supreme Court Decision 201Do1651 Decided June 30, 2011, etc.). 11 points, such as 12-type sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The statement of each police officer made to F and G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the protocol of seized cultural heritage;

1. Articles 97 (1), 90 (2), 60 (1), and 39 (1) of the Cultural Heritage Protection Act applicable to criminal facts;

2. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Suspension of sentence (a suspended sentence: Imprisonment with prison labor for ten months) Article 59 (1) of the Criminal Act;

5. Determination of the assertion by the Defendant and the defense counsel under Article 90(2) of the Cultural Heritage Protection Act

1. The arguments are as indicated in the judgment of the defendant.