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(영문) 대전지방법원 2015.09.10 2015고단2218

분묘발굴등

Text

A defendant shall be punished by imprisonment for six 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. The Defendant for the excavation of a grave is a 27th Magaz., who has protected and managed a grave, such as B, etc., located in the 25th Magaz., Geumsan-gun, Chungcheongnam-gun.

The Defendant, which was installed in the above D forests and fields, had 7 equipment, such as the said E’s graves, etc., located in the F of the Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-do. Likewise, he thought that the Defendant, who was installed in the above D forests and fields, was able to transplant the graves of “G”, the father of the Defendant, who was the father of the said D forest, without obtaining the consent of the wife H of the said

On November 5, 2014, the Defendant, around November 5, 2014, had the above G graves installed in the above D forest, sold the said G graves to an unnameless news article, and transferred the graves to the above F, 24 G graves located in the Defendant’s capital increase or decrease.

In the end, the Defendant excavated the said G grave without obtaining the consent of the head of his heir H.

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 November 5, 2014, the Defendant excavated 8 remains, including 25 U.S. A., which were buried in the D Forest of Chungcheongnam-gun, Geumsan-gun, Chungcheongnam-gun, and buried the said remains by using gas in the vicinity of the F of the Geumsan-gun, which is not a crematory facility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and H;

1. Application of Acts and subordinate statutes of each investigation report (No. 4, 6, 7, 15 on the evidence list);

1. Article 160 of the Criminal Act applicable to the crime, Article 160 of the choice of punishment, Article 40 subparagraph 2 of the former Funeral Services, etc. Act (Amended by Act No. 13108, Jan. 28, 2015) and Article 7 (2) of the same Act

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) the nature of the crime in this case is not somewhat weak in light of the content and form of the crime in this case; (b) although the crime was transferred without authority, it appears that it was for example in the process of this Chapter.