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(영문) 대구지방법원 상주지원 2018.05.15 2017고정135
재물손괴등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to engage in any act that may affect the preservation of City/Do-designated cultural heritage shall obtain permission from the Mayor/Do Governor, as prescribed by City/Do Ordinance.

Nevertheless, on March 2016, the Defendant, without permission, committed an act that could affect the preservation of the natural cultural heritage of the Do by expanding the existing paths to a forest road of about 200 meters in length and about 3.5 meters in width from the FF farm road located in the area where the alteration of the current state of E located in the Gyeongbuk-do Cultural Heritage Resources C for the cultural heritage of the Gyeongbuk-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each protocol concerning the examination of the police officers in relation to G, H and I;

1. Each police statement made against J, H, K, L, and M;

1. Application of Acts and subordinate statutes to each investigation report (No. 2 through 4, 9, 18 through 21, 39, 40)

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

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged [Fact-finding] was in a situation where the Defendant was a non-speed person residing near E in the Gyeongbuk-do and should use the FF paths incorporated by part of the farmland owned by the victim J in order to enter the above N.

[Specific criminal facts] The Defendant destroyed two occasions from August 2015 to September 9, 2016, to March 4, 2016, on the grounds that vehicle traffic is difficult due to the narrow road of the above farm road. In the course of reducing the amount equivalent to 13.22 square meters of the Gyeongbuk-do farmland owned by the victim on the road along the farm road by using construction equipment, etc. without the victim’s consent, the Defendant destroyed one drainage pipe in the market price owned by the victim on the above O farmland, five water pipes of the same drainage pipe, and one water pipe of the above P farmland.

2. Determination

A. We examine the evidence as shown in the facts charged in the instant case, J, Q, R.

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