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(영문) 대전지방법원 홍성지원 2017.06.29 2017고정81
문화재보호법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant (Legal Name B) is responsible for the management of “G” that is located “D, E”, which is a type of culture-type C designated by Chungcheongnam-do, Chungcheongnam-do.

1. A person who intends to change the current state of an unauthorized act in the cultural heritage area and protection zone thereof shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authorities, installed CCTV on trees planted at the above location on September 2016 and changed the present state of cultural properties.

2. The Defendant committed a violation of an administrative order, even though he/she received an administrative order from the number of Hongsung-gun on June 22, 2016 and around September 26, 2016, to the effect that he/she installed without permission in the vicinity of paragraph (1) from the number of Hongsung-gun without permission, to remove the fire, candlelights, flaps, etc. and reinstate them to its original state without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Official notices informing the violator of the Cultural Heritage Protection Act;

1. A written statement of a person responsible for accusation;

1. A written accusation;

1. A report on results of each business trip and a report on results thereof;

1. Voluntary removal of facilities installed at each discretionary facility;

1. Application of the statutes governing the current status of voluntary installation of facilities to photographs;

1. Article 99 (1) 1, Article 35 (1) 1, subparagraph 1 of Article 100, and Article 42 (1) 4 of the Protection of Cultural Properties Act concerning facts constituting an offense, and the selection of fines, respectively, under Articles 99 (1) 1, 35 (1) 1, and 100;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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