beta
(영문) 제주지방법원 2019.01.28 2017고단2776

문화재보호법위반등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On October 15, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for a period of six months in the Incheon District Court’s Vice- Branch, and the judgment became final and conclusive on October 12, 2016.

【Criminal Facts】

No one shall change the form or quality of land which may affect preservation of State-designated cultural heritage without obtaining permission from the Administrator of the Cultural Heritage Administration, or change the form or quality of a mountainous district without obtaining permission from the Minister of the Korea Forest Service

Nevertheless, from the end of August 2016 to the beginning of September 2016, the Defendant cut the land at the height of 1m to 2.4m without obtaining permission from the Administrator of the Cultural Heritage Administration and the Administrator of the Korea Forest Service, which is the land in Jeju-si B, C, D, E, which is a State-designated cultural property, and from the end of August 2016 to the end of September 2016, the Defendant changed the form and quality of 37,131,000 square meters of damaged area by removing 1m to 75m of soil and rocks with earth and rocks in 25 tons of 25 tons of dump truck, and by disposing of 1.8m with heavy equipment, the Defendant changed the form and quality of 4,939m square meters of damaged area so as to cover recovery costs of KRW 37,131,000.

As a result, the Defendant changed the form and quality of land that may affect the preservation of State-designated cultural heritage without obtaining permission from the Administrator of the Cultural Heritage Administration and simultaneously changed the form and quality of mountainous district without obtaining permission from the

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Results of on-site inspections conducted by this court;

1. Each special judicial police officer's statement with respect to I, J, K, L, M, and N;

1. A written statement of theO;

1. The actual condition survey report;

1. Guidance on preservation and management of cultural heritage;

1. Damage photographs, on-the-spot photographs, aerial photography photographs, P street beauty photographs, drone photographs, photo on-the-spot photographs, photo in the actual space width of a shot, photo in Q map satellite photographs, on-site photographs by date, and aerial photographys;

1. Previous records of judgment: Application of criminal records, etc. (A) Acts and subordinate statutes;

1. Article 99 of the Cultural Heritage Protection Act for criminal facts;