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(영문) 대구지방법원 서부지원 2013.11.26 2013고단944
문화재보호법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,000, and by a fine of KRW 2,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

[criminal power] On July 27, 2012, Defendant A was sentenced to a suspended sentence of two years and a fine of two million won on March 14, 2013 for a crime of violating the Building Act in the Seo-gu District Court Branch Branch of the Daegu District Court. The judgment became final and conclusive on March 14, 2013.

【Criminal Facts】

1. From 2007 to 2007, Defendant A is a person who serves as the representative director of “(State)B” located in seven parcels, such as Gyeongbuk-gun, Seongbuk-gun, etc.

On December 5, 2012 and January 18, 2013, the Defendant did not comply with an administrative order, without justifiable grounds, issued by the head of Sung-ju, who changed the present state of State-designated cultural heritage protection zones without obtaining permission from the Administrator of the Cultural Heritage Administration, as stated in the facts charged in the judgment of acquittal below, to reinstate the state-designated cultural heritage protection zones.

2. The Defendant Company B failed to comply with the Defendant’s administrative order, without justifiable grounds, to restore the present state of the State-designated cultural heritage protection zone to the original state without obtaining permission from the Administrator of the Cultural Heritage Administration, as described in paragraph (1), on two occasions around December 5, 2012 and around January 18, 2013, to the original state without obtaining permission from the Administrator of the Cultural Heritage Administration.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation, a written statement, a written confirmation, a field photograph, a demand for the implementation of corrective measures relating to the Cultural Heritage Protection Act, a notice of corrective measures relating to the Cultural Heritage Protection Act, and the standards for the alteration of the current state surrounding three-story towers of the law investigative

1. Investigation report (attached documents, such as transfer of cases of violation of the previous Building Act by a suspect), - Copy of suspect interrogation protocol of violation of the Building Act by a suspect;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (reports on separate judgments against suspects) and Acts and subordinate statutes;

1. Defendant A of pertinent legal provisions concerning criminal facts: Article 100 subparagraph 1 of the Protection of Cultural Properties Act, Article 42 (1) 4 of the Protection of Cultural Properties Act; Article 100 subparagraph 1 of the same Act and Article 42 (1) 4 of the same Act; Article 102 of the Protection of Cultural Properties Act;

1. Selection of penalty;

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