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(영문) 서울동부지방법원 2017.02.07 2017고정29

문화재보호법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Pocheon-si D is cultural and cultural environment resource E, F, G, and H are cultural and cultural environment preservation areas, and Defendant F, G, and H are owners of the above F, G, and H.

A person who intends to install or expand a building or facility that is likely to affect the preservation of cultural heritage designated by the relevant country, which is likely to impair the landscape, shall obtain permission from the head of the cultural heritage office, as prescribed by Presidential Decree, and even where he/she intends to modify permitted matters, he/she shall obtain permission from the head of the cultural heritage office

On July 25, 2016, the Defendant, without permission from the competent authority, laid up one steel-frame (4m x2m) and three telegraph poles in Macheon-si, G, and H, an area for the preservation of a historic and cultural environment, and laid up crushing (10m x3m m).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A statement and an explanatory note prepared in the I;

1. Application of Acts and subordinate statutes to the accusation note, photograph, drawings, and investigation report (to hear the complainant’s statement by telephone);

1. Article 99 (1) 1 of the Act on the Protection of Cultural Properties and Article 35 (1) 2 of the Act on the Protection of Cultural Properties for which the relevant criminal facts are applicable and the punishment is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;