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(영문) 대구지방법원 안동지원 2021.01.26 2020고정19

문화재보호법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to alter the current state of cultural heritage designated by the State and build, extend, or rebuild various facilities, such as buildings, roads, ductss, electric wires, structures, underground structures, etc., or change the purpose of use thereof, shall obtain permission from the Administrator of the Cultural Heritage Administration, etc.

1. Nevertheless, the Defendant does not obtain permission from the Administrator of Cultural Heritage Administration, etc. in Ansan-si, Dong-si, Cultural Heritage Category B, designated as a State-designated folklore

(a) construct temporary parcels for the purpose of storage of light goods in 2014 ( approximately seven meters x seven meters m);

B. Of August 2014 and July 2016, construction of a bdune ( approximately 5.3m x 4.4m)

(c) construct a panel building (15.3m x 5.4m x 5.4m) for the purpose of storage of light cars in 2017;

2. Nevertheless, in around 2013, the Defendant installed a structure by installing a wooden soft (2m x 3m m) which is a facility for the prevention of dbbbbling, at the landing place for the prevention of dbbs, at the same time as the head of the cultural property, without obtaining permission from the head of the cultural property office.

Summary of Evidence

1. Application of the Act and subordinate statutes to the Defendant’s partial statement (as indicated in the judgment, the part recognizing paragraphs (c) and (2) of Article 1-3 of the Criminal Procedure Act) a criminal investigation report (including photographs attached thereto), a criminal investigation report (as to three locations of a household building listed in the accusation report) on the witness E’s legal statement (including photographs attached thereto), a criminal investigation report (as to the site confirmation), an investigation report (as to three locations of a household building listed in the accusation report), and an investigation report (as

1. Article 99(1)1 and Article 35(1)1 of the former Cultural Heritage Protection Act (Amended by Act No. 16596, Nov. 26, 2019); and the selection of each fine for a crime, Article 35(1)1 of the same Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. As to the crime of Article 1-A and Article 334(1) of the Criminal Procedure Act, the Defendant had already made a decision on the assertion of the Defendant and his defense counsel before 2014.