문화재보호법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The Defendant is a person who operates a museum under the trade name “E museum” in Youngcheon-si, Youngcheon-si.
From around 2006 to September 22, 2015, the Defendant concealed the fifth tin of the electrical literature of H (143 up to 1489) of the Joseon Dynasty, an electrical literature of the Joseon Dynasty, from the burial site in Gyeonggi-do, a Gyeonggi-do cultural relic GH’s historic site located in the military Si F, which was located in the military.
Therefore, the defendant stated that he/she concealed City/Do-designated cultural heritage and concealed the utility thereof as if he/she was indicted as a fact of concealing Do-designated cultural heritage. However, the applicable law seems to have been stated in Article 92 (2) 2 of the Cultural Heritage Protection Act, which is a punishment provision for general movable cultural heritage other than designated cultural heritage, and thus prosecuted as a concealment of general movable cultural heritage.
On the other hand, inasmuch as the burial ground of Gyeonggi-do, which is a Gyeonggi-do memorial G, was designated as cultural heritage on June 1, 1989, relics such as tombstones existing in the burial ground at the time of such designation shall be deemed as cultural heritage. However, there is no ground to view that the burial ground, which was located in the burial ground at the time of such designation, also remains within the burial ground that was previously carried out as cultural heritage due to such designation
Therefore, it cannot be deemed that the instant ground stone was already exported from a H burial before the designation of the cultural heritage, and there is no evidence to acknowledge that the instant ground stone was shipped out from the H burial ground after the designation of the cultural heritage.
2. The Defendant’s assertion 6 points HI point purchased from Japan from Japan was donated to the E museum by the Defendant, and was displayed in the E museum, and was temporarily stored in the safe to conduct research on one of them (hereinafter “the instant stone”). As such, the Defendant concealed cultural heritage.
subsection (b) of this section.
3. Determination
(a) The Cultural Heritage Protection Act provides that “cultural heritage shall be damaged, stolen, concealed, or otherwise fraudulently,” under Article 92(1) and (2).