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(영문) 수원지방법원 안산지원 2016.10.27 2015고단3663
문화재보호법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2003, the Defendant A-do designated the “L” located in the Dongwon-gu and two lots (39,472 square meters) outside the Dongdong-gu, Ansan-si, and pursuant to the Cultural Heritage Protection Act and the Gyeonggi-do Ordinance on the Protection of Cultural Properties, as a cultural heritage protection area, the cultural heritage area and the other ten lots (278,925 square meters), and the cultural heritage preservation area constituted a historic and cultural environment preservation area within 300 meters from the outer boundary of the cultural heritage area and the cultural heritage protection area.

A person who intends to change the present state of an area within 300 meters from the outer boundary of the Do-designated cultural heritage or to engage in an act that is likely to affect the preservation thereof shall obtain permission from the competent authority.

On June 1, 2015, the Defendant changed the form and quality of land, such as planting grass and trees and creating parking lots, within the scope of 300 meters from the outer boundary of the cultural and cultural environment preservation area of Ansan-si, a historical and cultural environment that is located within 300 meters from the outer boundary of the cultural heritage at issue, without obtaining permission from the competent authority.

On July 10, 2015, the Defendant continued to install five assembly swimming pools, 50 simple tents, 3 portable toilets, and 5 containers, etc. without obtaining permission from the competent authorities, within the area of the preservation of the historic and cultural environment located within 300 meters from the outer boundary of the cultural heritage at Ansan-si, a historic and cultural environment located within 300 meters.

2. A, the representative of the defendant B's defendant, committed an act such as changing the form and quality of facilities, installation of facilities, etc. within a historic and cultural environment preservation area without obtaining permission from the competent authority as described in paragraph (1) concerning the defendant's business at each date,

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of S;

1. Each accusation;

1. Application of Acts and subordinate statutes on site photographs of each violation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Each of the defendants is subject to imprisonment with prison labor under Article 99(1)1 and Article 35(1)2 of the Protection of Cultural Properties Act.

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