beta
(영문) 수원지방법원 여주지원 2014.07.11 2014고단291

매장문화재보호및조사에관한법률위반

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 becomes final and conclusive.

Reasons

Punishment of the crime

No person shall change the present state of an area of buried cultural heritage which has been verified or is excavated without permission.

Nevertheless, around December 9, 2013, the Defendant removed trees already planted by using equipment such as dump trucks and digging machines, etc. from the Gyeonggi-gun, Gyeonggi-do, which is an area of buried cultural heritage, and changed the phenomenon of the area of buried cultural heritage, which is confirmed without permission, by cutting and banking the above land at a uniform height of 1 to 2 meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Written statements of D;

1. Current survey result map and existing area table of buried cultural heritage;

1. Application of satellite photographs, illegal site photographs, and violation status photographs of the area damaged by buried cultural heritage;

1. Article 31 (2) and (1) of the Act on Protection and Inspection of Buried Cultural Heritage and Selection of Penalty for the Crime, Articles 31 (2) and (1) of the same Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into consideration that the defendant has no same record as the defendant and that there is a disability of Grade VI in delay);

1. Social service order under Article 62-2 of the Criminal Act;