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(영문) 수원지방법원 성남지원 2018.01.12 2017고정1577
문화재보호법위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to alter the current state of cultural heritage designated by the State and perform an act that may cause changes in topography or geological features, such as reclaiming, reclaiming, excavating, excavating, and cutting of land or water surface, cutting, and banking of ground, shall obtain permission from the head of the Cultural Heritage Administration, as prescribed by Presidential Decree.

Nevertheless, from March 17, 2017 to February 21 of the same month, the Defendant excavated approximately 86 square meters of the above land as a dry field to cultivate the above land without obtaining permission from the head of the Cultural Heritage Administration in the Gyeonggi-si Land, which is a cultural heritage district designated as B state from March 17, 2017.

Accordingly, the defendant changed the present state of designated cultural properties without permission from the Administrator of Cultural Properties.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 99 (1) 1 of the Protection of Cultural Properties Act and Article 35 (1) 1 of the same Act concerning facts constituting an offense and the selection of a fine for negligence;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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