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(영문) 서울남부지방법원 2018.04.18 2017고단6298

분묘발굴

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2017, the Defendant: (a) around Jeju-si, around May 25, 2017, ordered a funeral funeral to spaw off graves in the instant dry field, where a family funeral is created, with a view to enabling a person who owns the said dry field to sell or sell dry field to another person; and (b) to smoothly sell or sell dry field.

Accordingly, the defendant found D's graves.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of material by the truth-finding persons);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is as follows: (a) the background and content of the instant crime; (b) the circumstances after the commission of the crime; (c) the possession of dry field with D’s seedlings; (d) the personal relation between the Defendant and the victims; (c) the victims do not want the punishment; (d) the victims do not have any particular criminal history other than once before and after the punishment for the instant crime; and (e) the Defendant’s age, career, health status, and family relation, which are favorable or unfavorable to the Defendant as shown in the pleadings, were comprehensively considered.