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(영문) 대구지방법원 김천지원 2016.06.10 2015고단1407

분묘발굴

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On Nov. 1, 2014, the Defendant: (a) mobilized 7 large-scale and 8 large-scale graves F of the Victim E, which were installed at the same time in the forests and fields located in Gumi-si, Gumi-si; and (b) excavated a grave by digging off the grave to a bomb.

2. On April 5, 2015, the Defendant: (a) mobilized 5 large-scale graves, such as five large-scale graves H, which were installed in the forests and fields located in Gumi-si, Gumi-si; and (b) excavated graves by breaking 2 large-scale graves, including those of five large-scale graves H, which were installed therein; and (c) cutting off those graves into booms

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, J, K and L;

1. Each police statement made to I, K, and J;

1. Family summary documents, factual certification, and certification of business registration;

1. Application of Acts and subordinate statutes to the grave, photograph, and forest register excavated due to damage;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 186 (1) of the Criminal Procedure Act asserted that the defendant's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

As for the crime of sponsing a grave, a person who is authorized to protect, serve, manage, and dispose of the grave in accordance with the law, or a person who has obtained the legitimate consent from him/her, finds it out for the religious and customary cultivation of the body.