A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a member of the reduction (person in charge of cancer) of D, who is a cancer attached to C in Yangsan-si.

Meanwhile, “E Ilwon” in the above C and D is the Do-designated cultural heritage designated as the H of the Republic of Korea on November 14, 1985 for the Republic of Korea F (forest, forest, 15,97, 297 square meters) and G (river, 51,844 square meters).

No one shall alter the current state of cultural heritage designated by the competent Do Governor without obtaining permission to change the phenomenon of cultural heritage, or excavate or cut land in a river area without obtaining permission to occupy and use the relevant market.

Nevertheless, from October 10, 2018 to October 20 of the same month, the Defendant: (a) with a total of approximately KRW 47,119 square meters of the above F forest land of KRW 27,073 square meters and G river of KRW 20,046 square meters under the Cultural Heritage Protection Act; (b) without obtaining permission from the competent authority; (c) dredges natural rocks, gravel, and sand in the relevant place using 2 dump trucks and 15 tons of a dump truck; (d) laid down the ground at a height of 1 to 3 meters along the roadside adjacent to the said river; and (e) comprehensively arranged the ground with the above dump of KRW 2.5 to 3 meters, and expanded the passage way from some section to 5 to 10 meters.

Accordingly, the Defendant changed the present state of the Do-designated cultural heritage and occupied and used the river without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of each judicial police officer against the defendant and I;

1. Statement of each judicial police officer by J;

1. Statement of each judicial police officer of K, L, M, and N;

1. Photographs related to construction works;

1. The current status of damage to a member of the family register E in the Do, and the damaged photograph;

1. Flightman or river work photograph;

1. Guidance on the designation of cultural heritage;

1. Application of investigation reports (to be accompanied by data submitted on the damaged area of cultural heritage), airlines, and Korean river inundation-related Acts and subordinate statutes;

1. The alteration of the current state of designated cultural heritage under Articles 99 (1) 1, 35 (1) 1, and 74 (2) of the Cultural Heritage Protection Act, which is applicable to applicable provisions for facts constituting an offense and for the choice of punishment;