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(영문) 서울동부지방법원 2016.09.22 2015고단2758

분묘발굴

Text

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

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

Reasons

Punishment of the crime

The Defendant was a member of the clan D with interest on the nominal owner of C forest land 70,152 square meters (hereinafter “instant land”). In the instant land, the Defendant was each of the following: (a) the E 10-year-old damage F, 16-year-old damage G, 17-year-old damage, H, Accident I, I, 18-year-old damage, J, Accident K, and 19-year-old damage.

On December 10, 2012, the Defendant won a winning in a trial with the MM clan on the ownership of the instant land. In order to divide and sell the part of the instant land where the said graves exist, the Defendant arbitrarily excavated 7 graves from the instant land to move to another place.

Accordingly, on November 1, 2013, the Defendant removed the 7th wing part of the said grave from the land of this case and opened the grave.

Accordingly, the defendant found seven graves.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witnessN in the second public trial record;

1. The witnessO and each legal statement in P;

1. Partial description of the suspect examination protocol (including the part concerning the N andO statements) of the defendant to the prosecution;

1. Partial description of each protocol (including the DNA statement) concerning the suspect interrogation of the police against the defendant;

1. Statement made by the police with respect to the N;

1. The assertion and judgment of the defendant and the defense counsel as well as the written complaint, each supplementary note, each written statement, each of the registered matters, each photograph, each of the judgment, first instance judgment, notification, notification, confirmation of Q's fact, examination of witness, cadastral map, cadastral map, supplementary arrangement, each investigation report (including addition)

1. The assertion;

A. 17 No grave was found on the 17th hand.

B. With respect to each grave of the 16 tax deficit G and J from the 18 tax accident, the defendant believed that he/she has the right to manage as a subordinate hand.

(c)

17 With respect to each grave of the incident I, K, and 19 of the incident of the 17th loss, since the defendant has the right to manage and dispose of each grave of the incident of the 17th loss, the crime of excavation of the grave is not established even if he/she has moved away from the grave without notification to the clan.

2. Determination: All of the above arguments for the following reasons.