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(영문) 수원지방법원 안산지원 2018.10.10 2017고정1249
문화재보호법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around September 8, 2003, the forest land of this case was designated and managed as a cultural heritage protection area of Gyeonggi-do commemorative property C as a state-owned forest. On February 17, 2017, the Defendant entered into a contract with the Ministry of Planning and Finance for the purpose of operating the leisure sports facilities of the Republic of Korea, including “Seobol Experience,” with respect to the forest land of this case 7,711 square meters among the forest land of this case.

A person who intends to alter the current state of a City/Do-designated cultural heritage shall obtain permission from the competent Mayor/Do Governor, and a person who intends to fell standing timber in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent local forest, and a person who intends to divert a mountainous district in a national forest to a mountainous district shall file a report thereon with

Nevertheless, on March 2017, the Defendant cut standing timber in the instant forest without obtaining the aforementioned permission or undergoing the reporting procedure with respect to the instant forest, and created 170 meters along the passage of the instant forest game site, and installed containers and toilets.

Accordingly, the Defendant changed the phenomenon of City/Do-designated cultural heritage without obtaining permission from the Mayor/Do Governor, cut standing timber without obtaining permission from the head of a Si/Gun/Gu or the head of a local forest, and converted the use of mountainous district without reporting to the head of a forest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. On-site photographs;

1. Six airlines;

1. 1, 2 pages of related photographs;

1. An investigation report (Attachment to the register of land, etc.) [Attachment to the following circumstances recognized as the result of the investigation of evidence, i.e., the forest of this case was developed and used as dry field without permission by the defendant before lending the forest of this case, and was not artificially opened on the road. The defendant mobilized heavy equipment and created a passage along the land.

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