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(영문) 전주지방법원 정읍지원 2020.06.04 2020고단175

매장문화재보호및조사에관한법률위반

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

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

In relation to an application for permission to engage in development activities (construction of structures and change of the form and quality of land) to install power facilities at the Gosiwon-gun, C, D, E, and F, the Defendant obtained conditional permission from the time of commencement of construction to preserve buried cultural heritage, to conduct a witness inspection by experts in buried cultural heritage.

Nevertheless, from November 2018, the Defendant damaged the original form by cutting approximately 3,200 square meters of the relevant site without permission without conducting a prior witness inspection conducted by experts (agency) in the area of buried cultural heritage in the Gosi-gun E and F, Changbuk-gun, and F, and changed the phenomenon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. A written accusation by the head of the relevant Si/Gun;

1. Investigation report (attached to the official document submitted by the Chang-gun Office); 1. Investigation report (Additional confirmations for public officials in charge and I employees);

1. A criminal investigation report (additional verification of J standings for reference);

1. Application of Acts and subordinate statutes to investigation reports (to hear calls from persons for reference);

1. Article 31 (2) of the Act on Protection and Inspection of Buried Cultural Properties and Selection of Punishment for Crimes;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;