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(영문) 대전지방법원 2014.08.20 2013노2886
문화재보호법위반
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal (e.g., punishment A: fine of 6 million won, and fine of 5 million won) declared by the court below is too unreasonable.

The scope of this court’s trial (as to Defendant A), the court below pronounced Defendant A not guilty of the primary facts charged regarding the violation of the Cultural Heritage Protection Act among the facts charged in the instant case against Defendant A, and convicted Defendant A of the ancillary facts charged. Defendant A appealed only with respect to the convicted part, and the prosecutor did not appeal with respect to the acquitted part.

Therefore, among the judgment of the court below, the part not guilty against Defendant A shall be deemed to have been exceeded from the object of public defense between the parties. Thus, the scope of this court's trial is limited to the part against Defendant A of the judgment of the court below.

Judgment

The Defendants reflect their mistakes, and the direct discovery D, E, etc. of the instant guns did not seem to have been in a professional way in the plan for the commission of the crime. The lack of the Defendant A also D, E, and the instant buried cultural heritage in advance to excavate the buried cultural heritage. Ultimately, the Defendants did not dispose of the buried cultural heritage of this case, and the Defendants did not engage in fishery products distribution business, etc., and the Defendants did not have criminal records related to cultural heritage before committing the instant crime.

However, the Defendants did not report the buried cultural properties excavated to the Administrator of the Cultural Heritage Administration and transported and stored them without permission. Defendant A asserted that the buried cultural properties of this case were known to what objects the buried cultural properties of this case. However, according to the records, Defendant A was aware of the fact that the buried cultural properties of this case, among the buried cultural properties of this case, was recognized as the buried cultural properties, and the intent was to dispose of them after appraising the value of the entire winners.

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