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(영문) 부산지방법원 2014.05.16 2014노997

분묘발굴유골손괴등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) Of the facts charged of mistake or misapprehension of legal principles, with regard to the discovery of facts or the facts charged in this case, Defendant A1’s 22-time grave excavation, removal of, damage to, and fraud of, the grave, e.g., the Defendant was buried in the vicinity of AH (AI and boundary points), a forest owned by the Defendant’s house, and the Defendant did not manage the said grave after he went through a sexual tomb according to X around 1969 and died in X around 1969, and his father died before 20 years before her husband’s death. Defendant was able to hear the horses of Y and undergo the procedure for receiving compensation, such as removal of, inter alia, the removal of, and removal of, the grave. Accordingly, the Defendant was merely a person who was de facto in charge of, the grave manager of the grave, and the Defendant was aware of the legitimate receipt of the above grave, and thus, the lower court found the Defendant guilty of unjust sentencing by misapprehending the legal principles as to this part of the charges.

B. As to the facts charged in this case’s indictment of mistake of facts, the Prosecutor (the Defendant) found Defendant A guilty of this part of the charges, even though the Defendants excavated a grave without any authority and received compensation, as stated in this part of the charges, with the knowledge that the said grave was not a S grave, with the knowledge that it was not a S grave. The lower court found Defendant A guilty of this part of the charges. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) In so determining, the lower court erred by misapprehending the facts, which sentenced Defendant A to the punishment of unfair sentencing, and the sentence of imprisonment for eight months sentenced to Defendant B, and for two years of suspended execution, etc., is unreasonable.

2. Determination: