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(영문) 수원지방법원 평택지원 2013.09.06 2013고단707

무고등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. Around July 2010, the Defendant had to file an objection at the above D’s request against the 12 funerals of the Defendant, who was in the forest and field owned by D in Ansan-si, and during that process, E had brokered the Defendant and the said D.

In addition, in return for the transfer of graveyard from D, the Defendant received KRW 12,50,000 per cemetery for a cemetery and KRW 20,000,000 for E as a intermediary.

During that process, the Defendant received KRW 150,00 from D with the benefit of the 12th period of the above cemetery. Despite the absence of the fact that E received an additional removal of the 4th period of the cemetery from D, the Defendant did not make a written complaint stating that “E, around July 22, 2010, moves back the 12th period of the A’s early cemetery cemetery, a complainant on the part of A, located in the forests and fields of Ansan-si, Ansan-si, with the aim of having E receive criminal punishment in order to receive the compensation for the relocation of the cemetery.” The Defendant, upon the request of the 12th period of the 12th anniversary of the opening report, arbitrarily opened the 4th period of the grave and damaged the grave without the permission of A, thereby making it possible to punish the grave by reaching the Seongbuk Police Station on May 22, 2012.

2. No person who violates the Funeral Services, etc. Act shall make cremation in any facility or place other than a crematory facility;

Nevertheless, around July 22, 2010, the Defendant opened 12 graves of Fampin line Fam in Ansan-si, and buried remains from such grave using brins, gas burners, and drums prepared in advance at the same place, not the crematory facility reported.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes to each investigation report (in the case of the nature of a grave, J counterpart investigation into persons in charge of a grave, report on telephone conversations of Articles Pokeers, report on telephone conversations in the field, report on telephone conversations with H in the site), issuance of opening certificates, and

1. Relevant Article 156 of the Criminal Act and the Act on Funeral Services, etc. concerning criminal facts;