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(영문) 대구지방법원 상주지원 2015.12.01 2015고단491

분묘발굴등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. When the Defendant was permanently stationed in C, the burial of a grave was unable to perform the graveyard management of D 4 high-class sculptures, four high-class sculptures, five high-class sculptures, and five high-class sculptures, which are the 8th degree relative of the Defendant who was managed by the Defendant in C at the time of the stay of the grave, the Defendant laid the remains in the grave at his/her own place on November 13, 2013 and excavated the remains in the grave without permission by using the equipment for the cutting of the body, body, and the excavation of the remains in the grave.

2. No person who violates the Funeral Services, etc. Act shall make cremation in any facility or place other than a crematory facility;

Nevertheless, the Defendant performed cremation in a place, other than a crematory facility, by burning the remains created as above, in the above-mentioned temporary burial site.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article of the Criminal Act, Article 160 of the Criminal Act, Article 40 of the former Funeral Services, etc. Act (Amended by Act No. 13108, Jan. 28, 2015); and Articles 40 subparagraph 2 and 7 of the former Act on Funeral Services, Etc. (Amended by Act No. 13108, Jan. 28, 2015; Options

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence is to be imposed as ordered in consideration of the following: (a) there is no record of criminal punishment against the defendant for the reason of sentencing under Article 62(1) of the Criminal Act; and (b) there is no reason to consider the circumstances leading to the instant crime; and (c) the defendant’s age, character and conduct and environment; (d) motive, means and consequence of the instant crime; and (e) the conditions of sentencing as