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(영문) 광주지방법원 목포지원 2016.06.10 2015고단1089

장사등에관한법률위반

Text

Defendant

A shall be punished by a fine of 2,00,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant B arbitrarily excavated a deceased’s grave E, which is located in the South Yong-gun D, and cremated the remains, and received a mind to keep the remains in a family charnel installed on the land in the said place.

On October 28, 2014, the Defendant mobilized human parts from the adjoining land on and around October 28, 2014, and dump the remains of the deceased E grave, and then taken the remains therefrom.

In other words, graves were found.

2. No person who commits a joint crime by the Defendants shall make cremation at any facility or place other than a crematorium.

On October 29, 2014, the Defendants conspired to bury the remains of the network E, which were taken off in the same manner as Paragraph 1, from the land above, other than a crematorium around October 29, 2014, and buried them in gas.

Summary of Evidence

[Article 1]

1. Entry of part of the defendant B in the first trial record;

1. Legal statement of witness F;

1. Statement made by a witness G in the fourth public trial protocol [the facts constituting the crime of paragraph (2)];

1. The defendants' statements in the first public trial protocol

1. The legal statement of the witness F (limited to the defendant B);

1. Application of F's statement protocol Acts and subordinate statutes to the police;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 40 Subparag. 2 and Article 7(2) of the former Act on Funeral Services, Etc. (Amended by Act No. 13108, Jan. 28, 2015; hereinafter “former Act on Funeral Services, Etc.”); Article 30 of the Criminal Act (elective selection)

B. Defendant B: Article 160 of the Criminal Act, Article 40 Subparag. 2 and Article 7(2) of the former Act on Funeral Services, Etc., and Article 30 of the Criminal Act (the point of cremation and the choice of imprisonment, etc.)

1. Aggravated concurrent crimes by Defendant B: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of suspended execution: Article 62(1) of the Criminal Act (the first offender, and the crime of this case was committed in the course of storing the remains of his/her birth in his/her family charnel house, and it appears that the Defendant had a bad intent.