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(영문) 부산지방법원 2014.11.26 2014고정4626
문화재보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

A person who intends to change the current state of State-designated cultural heritage or to engage in an act that is likely to affect the preservation thereof shall obtain permission from the relevant authorities, but the Defendant violated the order without justifiable grounds even though he/she was notified by the Geumcheon-gu Office that he/she would take measures to restore the said facilities to its original state on March 12, 2014 and April 23, 2014, while he/she installed and operated an animal breeding facility (a facility size: 177.8 square meters) in the name of "C," located within the area of the preservation of the historical and cultural environment of gold-gu, Busan, which is a historical and cultural environment in which the payment of State-designated cultural heritage was made, without permission from the relevant authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the accusation site, location map, on-site photographs, and copies of corrective orders within a historic and cultural environment preservation area

1. Article 100 subparagraph 1 of Article 100 of the Cultural Heritage Protection Act and Article 42 (1) 4 of the same Act concerning criminal facts and the selection of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that there is no record of punishment for the accused, and that there is a profound reflection on his mistake);

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