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(영문) 대구지방법원서부지원 2020.11.19 2019고정911
매장문화재보호및조사에관한법률위반등
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant was a person who was well known of C in the Gyeongbuk-gun B from around 2018 to around 2019.

No one shall change the present state of an area of buried cultural heritage which has been verified or is excavated, and no one shall remove trees or change the form and quality of land or forest land within a historic and cultural environment preservation area without permission by the Administrator of the Cultural Heritage Administration.

Nevertheless, from July 10, 2018 to the 15th day of the same month, the Defendant cut trees to cut off, and cut part of land to prevent forest fires without obtaining permission from the Administrator of the Cultural Heritage Administration in the area of buried cultural heritage and the preservation area of a historic and cultural environment of 400 square meters in the field of buried cultural heritage and the cultural and cultural environment.

As a result, the defendant changed the present state of the historic and cultural environment preservation area which was confirmed or excavated.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police statement law to D;

1. The indictment for the alteration of the current state of buried cultural heritage in the relevant statutory provisions and Article 31(2) and (1) of the Act on the Protection and Inspection of Buried Cultural Heritage (the fact of the alteration of the current state of the area of buried cultural heritage), and Articles 99(1)1 and 35(1)2 of the Cultural Heritage Protection Act (the fact of the alteration of the current state of the historical and cultural environment in the historical and cultural environment preservation area) concerning criminal facts is stated as “Article 35(1)1.” However, according to Article 21-2 of the Enforcement Decree of the Cultural Heritage Protection Act, the prohibited act in the historical and cultural environment preservation area is prescribed in accordance with the delegation under

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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