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(영문) 창원지방법원 2017.06.28 2017고정382
문화재보호법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall change the current state of designated cultural heritage or engage in any act which may affect the preservation of such cultural heritage without permission from the competent authority.

On August 201, the Defendant newly constructed a 1st floor floor structure of 4 square meters in the above place to be used for the restaurant business operated by the Defendant in the vicinity of the above place without obtaining permission, etc. for change of the present situation from the Gyeongnam-do branch, while it constitutes a cultural and cultural environment preservation district of the “Chocheon-do, Changwon-do,” designated by the Gyeongnam-do branch of the Gyeongnam-do branch of the Gyeongnam-si, which is a cultural and cultural environment preservation district of the City/Do.

Accordingly, the defendant changed the current state of designated cultural properties without obtaining permission from the competent authorities or committed acts that could affect the preservation of cultural properties.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of the accuser or accuser;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to investigation reports (as to attachment of building photographs);

1. Article 99 (1) 1, Article 74 (2), and Article 35 (1) 1 of the Protection of Cultural Properties Act (excluding punishment) concerning facts constituting an offense, and Articles 35 (1) 1 of the same Act (excluding punishment);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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