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(영문) 대전지방법원 천안지원 2018.07.20 2018고단364
분묘발굴
Text

A defendant shall be punished by imprisonment with prison labor for four 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

The defendant is a general secretary of the clan B.

In the case of a family registered in the name of the same clan D, its wife E, network F, its wife G, the network H, and the network H have the right to manage the grave.

While it is necessary to change the above-mentioned grave to sell the above-mentioned forest, I did not consent to this Chapter.

On December 28, 2016, the Defendant, in collusion with J, K, and L, employed funeral establishments employees, and moved the said graves to the South-gu M inan-gu, South Korea.

Accordingly, the defendant found a grave in collusion with J, K, or L.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness N and I;

1. A report on investigation (a report on confirmation of the Institute of O Burial);

1. Minutes of a temporary closure on June 30, 2016:

1. Content certification;

1. Complementary table:

1. A certificate of all matters to be registered (C);

1. A certificate for all registered matters (M);

1. Certificate of identification number of the clan association;

1. A certificate of report on reburial;

1. Application of Acts and subordinate statutes on grave photographs;

1. Articles 160 and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The summary of the argument is that the “B clan” in which the Defendant is the Defendant managed the network D, its wife E, network E, network F, its wife G, and network H’s grave (hereinafter “each of the instant graves”) established in the Yacheon-si Forest (hereinafter “the instant forest”).

As a result of a dispute over the ownership of the land in which each of the instant graves was installed between Class B and B, I was only the beginning of each of the instant graves in order to secure the reputation that he/she has ownership.

Therefore, the right to manage each of the graves of this case is against the clan B, and the defendant, who is the general director, has moved to each of the graves of this case for religious and customary purposes according to the resolution of the general assembly, so the defendant's act does not constitute the elements of composition.

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