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(영문) 수원지방법원 2018.07.12 2017고정1351
문화재보호법위반
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant was requested by the F, the owner of the land E in Ansan-gu, the members of Ansan-si, the City/Do culture re-designated land B (designated Gyeonggi-do Memorial D on September 8, 2003) to perform civil engineering works for the creation of the site for the relevant land (hereinafter “the instant construction works”).

Any person who intends to perform construction works in an area within 300 meters from the outer boundary of a cultural heritage protection zone, which is likely to affect the preservation of designated cultural heritage by the State, shall fulfill the conditions as permitted by obtaining permission for change of cultural heritage phenomenon, and where any change occurs during construction works, he/she shall obtain permission for change in advance.

Nevertheless, on November 10, 201, the Defendant received a request from F to proceed with construction works, contrary to the contents deliberated upon and permitted at the 16th meeting of the Cultural Heritage Committee for the alteration of the current state, the Defendant accepted the request. On May 2012, the Defendant exceeded the cut-off volume of cutting around the building, carried out pre-construction in advance from 14.45 to 16 of the initially permitted high-priced plan for the ground on which the building is located, and he stockpiled stone in a way different from the contents of the permission.

Accordingly, the defendant committed an act that could affect the preservation of state-designated cultural properties in collusion with F.

2. Determination

A. The evidence that seems to correspond to this part of the facts charged is a witness G (F before the opening of a name)’s legal statement, a statement in an investigative agency, and a judgment (78 pages of evidence records).

G arbitrarily cut the Defendant and sold soil that he cut while cutting.

In the first police statement statement, "it is not correct, but the design drawing should be accumulated above the front axis and covered with soil, and then he can be stored as the last axis, and the quantity of soil is the same as that taken out.

“The statement was made”.

G In this Court, the cut volume exceeding the original permitted volume.

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