(영문) 대구지방법원 2016.09.02 2016고단1797

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(영문) 대구지방법원 2016.09.02 2016고단1797

분묘발굴

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the vice president of C, the purpose of which is to develop, operate and manage golf courses, and is in charge of opening and relocating graves within the site of golf courses.

On June 18, 2015, the Defendant: (a) opened two graves of the father of the father of the E, G, and those of the F, located in the Cheongdo-gun, Cheongdo-gun, and 21, on the ground that there is a disturbance in the schedule of the golf course construction in forests owned by Cheongdo-gun, Cheongdo-gun; and (b) opened two graves of the father of the F, without permission from E and F, who are the main victims of the death; and (c) opened the two graves of the person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by each police officer in relation to E, I and J;

1. The defendant asserts to the effect that the act of the defendant is not unlawful since the discovery of the two graves of this case by the Corporation register, forestry register, copy of field photographic copy, letter of commitment, statement of change of graves, written consent to the removal of graves, investigation report (K telephone statement hearing), investigation report (A, I telephone statement hearing) and the defendant found the two graves of this case.

The following circumstances revealed by the evidence, i.e., ① the I managed the two graves of this case. However, the E and F did not appear to entirely entrust the management or disposition of the two graves of this case to I, such as participation in life-saving, etc., and I appears not to have the authority to consent to the relocation of the two graves of this case. ② The written consent to the relocation of the graves of this case between the Defendant and I, ② the reburial of the seven graves other than the Ma of Ma, which was made between the Defendant and I, shall be notified within the prompt period of the opening, and the Dispute Resolution Co., Ltd shall open the grave.

The letter of undertaking written by the Defendant is written as “I which is scattered in Cheongdo-gun Nil on May 15, 2015.”

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