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(영문) 대구지방법원 의성지원 2020.03.12 2019고단328

분묘발굴

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 29, 2018, the Defendant was sentenced to imprisonment with prison labor for 6 months for a violation of the Mountainous Districts Management Act in the family branch of Daegu District Court on November 29, 2018, and the judgment became final and conclusive on December 7, 2018.

On May 15, 2018, the Defendant moved three graves into Hary forests and fields of G in Gyeongsung-gun, the Defendant owned by the Defendant, even though he/she did not have the right to manage and dispose of one grave in 8 large-parent families D, E, E’s joint burial ground, F’s burial ground, and No. 1 grave in Mari-gun, the Mari-gun, the Mari-gun, the Mari-gun, the Sin-gun, the Sin-gun, the Sin-gun.

Accordingly, the defendant found three graves without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness C and I;

1. Statement to C by the police;

1. Full certificates of each registered matter, each on-site photo, and J/M spawal spawal;

1. Previous convictions: The results of inquiry, the judgment, and the assertion of the defendant and his defense counsel

1. The argument that the Defendant obtained I’s consent or transferred three graves to his/her holding on September 19, 2009 and December 3, 2017 with the resolution of the Jung-gu General Assembly on December 3, 2017, the Defendant’s act is not unlawful.

2. The purpose of the relevant legal doctrine is to punish a person who does not have any authority over the grave, or even if he/she is authorized, if he/she excavates the grave without permission against the grave without permission, against the religious order of the body, and thus, the illegality of the act of excavating the grave is excluded (see Supreme Court Decision 2007Do8131, Dec. 13, 2007). Meanwhile, in cases where a person who has the right to protect, serve, manage, and dispose of the grave under law, or a person who has obtained permission from the person who has the right to properly give it, finds it out with the religious and customary order of the body, for example, of the deceased's body, the deceased's heir with respect to the grave is excluded (see Supreme Court Decision 2007Do8131, Dec. 13, 2007). Meanwhile, the right

(See Supreme Court Decision 94Do1190 delivered on February 10, 1995). However, the former Civil Act amended by Act No. 4199 delivered on January 13, 1990 is applicable.