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(영문) 대구지방법원 서부지원 2019.08.14 2019고단887
문화재보호법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As the father of the owner C (year 45) of Gyeong-gun, the Defendant is the “Korean private D cultural and cultural environment preservation zone E” subject to the Cultural Heritage Management Act, the mountainous district not subject to the Mountainous Districts Management Act, and the natural environment conservation area subject to the National Land Planning and Utilization Act.

Any person who intends to divert a mountainous district shall obtain permission from the competent authority, such as the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree, and any person who intends to divert a mountainous district shall obtain permission from the competent authority, including the Minister of the Korea Forest Service, for a specified purpose, and any person who intends to change the quality of land in a natural environment conservation area shall obtain permission

Nevertheless, from March 2018 to April 201 of the same year, in order to use 2,710 square meters in Gyeong-gun, Gyeong-gun, Gyeong-do as farmland, the Defendant cut the ground and installed a fence using excavation cutting machines, etc. without obtaining permission from the competent authority, thereby changing the current state of designated cultural properties without permission from the competent authority, converting the use of mountainous areas, and changing the quality of land in the natural environment conservation area.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written accusation;

1. On-site photographs, copies of forestry map, land use plan confirmations, and forestry register;

1. Application of Acts and subordinate statutes to a report on investigation and related data (Nos. 11, 12 of the evidence list);

1. Article 99 (1) 1 and Article 35 (1) 1 of the Cultural Heritage Protection Act (the act of changing the current state of designated cultural heritage without permission) concerning facts constituting an offense, Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (the act of diverting the current state of designated cultural heritage without permission) of the Management of Mountainous Districts Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution;

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