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(영문) 수원지방법원 평택지원 2014.09.03 2014고단539 (1)

분묘발굴유골손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, in relation to the public offering of housing site development projects conducted by the Korea Land and Housing Corporation (hereinafter “LH Corporation”) in Pyeongtaek-si B, discovered another person’s grave by using the fact that he/she can receive compensation from LH Corporation if he/she had registered as a relative of a grave buried in the project area and obtained permission for relocation, and buried the remains thereof, and received compensation by claiming for false compensation.

On April 2013, at the office of “E” located in Pyeongtaek-si D, the Defendant: (a) excavated another person’s grave; (b) buried the remains; and (c) claimed false compensation; and (d) sought funds necessary therefor; and (c) sought funding from the Defendant; and (d) shared the role of the Defendant, such as the issuance of relevant documents and the submission of a report on reburial and a written application for payment of compensation.

2. Burial, excavation, charnel, damage and destruction of graves;

A. On April 19, 2013, the Defendant: (a) delivered KRW 3 million to G in return for the Defendant’s notification of unregistered graves before the office of “E”; and (b) removed the soil of each of the said graves by using a sculre, without any management and disposal authority, to the two graves of the deceased and wounded in the name of Pyeongtaek-si H on April 19, 2013; and (c) removed the remains in the said grave; (d) buried the said remains in the Yama Park in the Yacheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul; and (e) buried the said remains at a place where the remains were destroyed.

B. On April 25, 2013, F: (a) around the same day, at the time of the influence of the deceased’s grave located in Pyeongtaek-si H, F removed the clothes of each of the above graves by using the paculr without any authority to manage and dispose of them; and (b) in the Maculm Park in the Macule Park in Chungcheongnam-gu, Chungcheongnam-gu; and (c) in the same day, the said remains were buried and buried in the paculous place.

Accordingly, the Defendant, in collusion with F, found four graves and found them inside the grave.