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(영문) 청주지방법원 2018.01.11 2017노1052
매장문화재보호및조사에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service 80 hours) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized the instant crime and runs against the Defendant.

There is no record of punishment for the same crime, and there is no record of punishment exceeding the fine.

The crime of this case led to the destruction of important buried cultural properties.

There is no circumstance to consider.

Circumstances unfavorable to the defendant are as follows:

The defendant changed the present state by damaging the existing area of buried cultural properties without permission, and the above act is to enhance the risk of damaging or safing important cultural properties, and there is a high need for regulation and punishment.

When cultural heritage is damaged once, it is difficult to restore it as it is.

The existing area of buried cultural heritage damaged by the defendant is larger than 6,640 square meters.

In addition to the above circumstances, considering the character, conduct, career, environment, the background and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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