분묘발굴
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months.
However, the defendant.
1. Determination on the grounds for appeal (unfair grounds for appeal)
A. The circumstances favorable to the defendant include the fact that the defendant A recognized the crime of this case and reflected, that part of the money was deposited to F at the court below, and that he did not have any record of punishment for the same kind of crime.
However, the crime of this case was committed only when the defendant sold the land owned by him without the consent of F, who was in the possession of the grave, and then planned to excavate the said grave without the consent of F, and it was very good to commit the crime of this case. The defendant arbitrarily excavated the F, who was in the above land, and transferred to Jincheon-gun the grave again, and in the process, he prepared a written consent of the cemetery to the purport that he would change the grave of this case as a relative to his relative to the grave of this case, and submitted it to Jincheon-gun. Since the crime of this case was committed, the crime of this case was committed temporarily, such as temporary burial, and there was no reason to see that F was committed until the original grave of this case, or that F was committed with the efforts and measures to restore damage, and considering the following factors: the defendant's age, character, environment, family relations, motive and motive of the crime, the motive and consequence of the crime of this case, the court below's suspended execution for 20 years after the occurrence of the crime of this case.
B. Defendant B’s co-defendant A, despite being aware of the fact that the instant grave was excavated without the consent of the person who provided the protection of the grave, is not less vulnerable to the nature of the crime, such as discovering A’s Do and the said grave, and the F did not reach an agreement with F until the trial is over, and the F wanted to be punished against the Defendant, is disadvantageous to the Defendant.
However, the defendant.