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(영문) 인천지방법원 2016.12.22 2016고단6589

분묘발굴

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 2015, the Defendant was requested by E, the owner of the land in Seo-gu Incheon, Seo-gu, Incheon, to open a netF grave installed in the above forest.

Around September 12, 2015, the Defendant, upon receiving contact from G’s son, who is the right holder of the management and disposal of the said grave, that he/she would not open the grave promptly, entered the name “I” on December 8, 2015 in the written consent for the relocation of the grave in order to promptly finish the work requested by E. In order to promptly open the grave. On December 8, 2015, the Defendant, “I,” obtained the written consent for the relocation of the grave from J, who is the son of “I,” and had his/her name or incomprehing father of the said grave buried the grave by taking into account the said written consent around December 19, 2015.

Accordingly, the Defendant excavated a grave without obtaining the consent of G, who is the person who has the right to manage and dispose of the grave.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of H, J, K, and L;

1. A complaint;

1. Investigative report (in cases of a grave, the identity of which has not been verified for two graves via a complainant, etc.);

1. Application of the Acts and subordinate statutes to photographs showing the public announcement of opening a grave;

1. Article 160 of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the facts that the defendant confessions and reflects the crime, that there exists no record of punishment exceeding the penalty for the same crime, or that there is no record of punishment exceeding the fine, and that there has been