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(영문) 전주지방법원 2019.05.22 2019노402
문화재보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The main points of the grounds for appeal are as follows: “The forest of this case” falls under one district of B cultural and cultural environment preservation area; “The forest of this case shall be permitted to be opened and reconstructed within the original form preservation and new construction, and to be reconstructed within the existing building” in the case of one district according to the criteria for changing the surrounding phenomenon of H B announced by the Cultural Heritage Administration.

In light of the purport of establishing a public announcement of the designation and division of a zone, it is reasonable to view that an act that affects preservation of the original form of forest in the relevant zone constitutes an act that may affect preservation of the State-designated cultural heritage concerned.

The court below found the defendant not guilty on the ground that the defendant's work cannot be deemed to have reached a change in the form and quality of land although the facts charged of violating the Cultural Heritage Protection Act against the defendant are sufficiently recognized, and it is difficult to view the defendant's work as an act affecting the preservation of B, which is

Judgment

The lower court explained the grounds for its determination in detail, and found the Defendant not guilty of the facts charged in the instant case on the ground that it is difficult to view that the Defendant’s work did not constitute a change in the form and quality of land, such as cutting or banking of land, and even if it constitutes a change in the form and quality of land, it is difficult to regard it as an act affecting the preservation of B, which is State-designated

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the above judgment of the court below is just, and there is no error of mistake of facts as alleged by the prosecutor.

The prosecutor's above assertion is without merit.

Public Notice H of the Cultural Heritage Administration (hereinafter referred to as “Permissible Standard for Change of Neighboring Cultural Heritage”) is forest as the standard for the alteration of the present state of one district for the preservation of the historical and cultural environment around B.

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