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(영문) 수원지방법원 평택지원 2015.04.29 2015고합9
문화재보호법위반
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

No one may export or take out any cultural heritage overseas which belongs to movable property, among those not designated or registered.

On June 15, 2014, the Defendant: (a) around 16:00, at the port of Pyeongtaek-si International Passenger Terminal departing from Pyeongtaek-si International Passenger Terminal, which was located in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, 75, 15 tickets, 2 tickets, and 3 tickets of wood collection, and 15 tickets, including 10 tickets in the Joseon Dynasty, which are non-designated cultural heritage, were carried out in the port of travel, and attempted to depart from China, and was discovered and attempted to be discovered to customs officials.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry (including attached documents) of an investigation report (entry and departure status) prepared by the prosecution;

1. Entry of the police record of seizure;

1. Each statement of a written request to investigate the preparation of Pyeongtaek-si C, a certificate of ordinary movable cultural heritage, and case guards; and

1. Application of each film law of each photograph (Evidence Nos. 11-14, 56-58)

1. Articles 97 (1), 90 (2), and 60 (1) and the main sentence of Article 39 (1) of the Cultural Heritage Protection Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the reasons for sentencing of Article 90(2) of the Confiscation Cultural Heritage Protection Act [the scope of punishment by law] 1 year and 6 months to 15 years (limited to a case where mitigation is made) / [decision of sentence] 1 year and 6 months to 1 year and 6 months of imprisonment, the crime of this case in the 3 year of suspended sentence was committed by the defendant to take abroad non-designated cultural heritage of the Republic of Korea, and its nature is not somewhat weak, and the quantity of cultural heritage that the defendant intended to take out is not much small. Thus, the defendant needs to be punished strictly.

However, the fact that the defendant recognizes his mistake and reflects it, that the defendant has no record of criminal punishment in the Republic of Korea, and that there is a family to support the defendant.

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