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(영문) 대전지방법원 논산지원 2015.04.10 2014고단410

분묘발굴

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

At the time, the defendant was in charge of creating a park cemetery in approximately 30,000 forest land in Chungcheongnam-gun, Chungcheongnam-gun, the Foundation Foundation D's management division.

During the creation of the above park cemetery, the Defendant came to know that there was two graves of FF’s parents G and H in the above forest. Accordingly, while consultation between F and H with respect to burial issues, the Defendant, who did not reach an agreement with each other with respect to the compensation for burial, was the most likely to open the said grave at will, as if the two graves were infinites of the said grave were infinites.

On February 18, 2014, the Defendant, at the Yancheon-ro Office, 97-ro 23, Gicheon-ro, Gicheon-ro, Chungcheongnam-gun, Chungcheongnam-do, obtained permission for the relocation of the said two graves, and found the two graves at will on February 26, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of the provisions of the Acts and subordinate statutes concerning filing of a complaint, cremation certificate, removal, a certified copy of a grave, a certified copy of a forestry map, a certified copy of real estate register, a forest land register, photographs of an open grave, a banner of an open grave, a photograph of an open grave, a permit for reburial, a permit for reburial, a certificate

1. Article 160 of the Criminal Act as to the facts constituting the crime;

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

3. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant committed a crime against this Court and led to the confession of the defendant. The defendant appears to have committed a crime in his judgment as unclaimed, the defendant deposited 2,00,000 won as damages to F, who is the bereaved family member, as damages, and other circumstances shown in the arguments of this case, including the defendant's age, character, conduct, environment and health condition, shall be determined as ordered by taking into account