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(영문) 광주지방법원 순천지원 2014.11.13 2014고정481
문화재보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Where necessary to preserve cultural heritage and prevent its damage, the Administrator of the Cultural Heritage Administration may fully or partially restrict the disclosure of the relevant cultural heritage, and any person who intends to enter an area where disclosure is restricted shall obtain permission from the Administrator of the Cultural Heritage Administration, specifying grounds therefor.

Nevertheless, on April 23, 2014, at around 20:30 on April 23, 2014, the Defendant, along with B, entered the upper margin in the area of the river scirical scam, where the disclosure is restricted by 7 State-designated cultural heritage by using fishing boat D (9.77 tons) operated by C without obtaining permission from the Administrator of the Cultural Heritage Administration.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning C and B;

1. Evidentiary photographs;

1. Application of the Act and subordinate statutes on investigation report (in relation to the correlation between "entry" and "exploitation of ships", etc.

1. Article 101 subparagraph 8 of Article 101 of the Cultural Heritage Protection Act and Articles 48 (5) of the same Act concerning criminal facts and the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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