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(영문) 대전지방법원 논산지원 2014.03.11 2013고단531
분묘발굴
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, 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

The Defendant is the former owner of each land in Chungcheongnam-nam and D.

In a state where the Defendant knew that six graves under the management of E were installed on the said land, but without permission from E by the land purchaser, the Defendant excavated a grave by forming the 6-years of the said grave as a sckele, not for example, according to religious and customary patterns around April 7, 2013, according to religious and customary cultivation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of image Acts and subordinate statutes to images of the field photograph [the accompanying documents of the investigation report (12 pages of the investigation record] and the aerial photography [the accompanying documents of the investigation report (16 pages of the investigation record];

1. Article 160 of the Criminal Act applicable to the crimes;

1. In full view of all the circumstances revealed in the arguments, such as the fact that the defendant was the first offender and is against the crime, and that the defendant continued consultation with the victim with the victim in regard to the problem of the six-year period of the above grave, the suspension of execution of imprisonment with prison labor shall be sentenced as set forth in the Disposition.

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