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(영문) 광주지방법원 2013.04.04 2013고단193
분묘발굴
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, rather than managing the clans, was dissatisfied with the arbitrary disposal of the clans property, and the Defendant hedgingd the C salary in inserting the C salary, which was behind the YU, the Jeonnam-gun B around November 14, 2012, around 14:00.

Accordingly, the defendant found a grave.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Application of each video statute to the excavated grave photographs;

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

1. Even if the defendant appealed to the acts of some clans belonging to the same clans, it is difficult to use the grave of this case buried in his own heavy view in light of our sentiments, even though the reason for sentencing under Article 62 (1) of the Criminal Code of the suspended execution, the act of discovering the grave of this case, which had been laid to his own

In addition, even though the Defendant had been convicted of the suspension of indictment on May 10, 2012, which was before the crime of this case, due to the act, such as removing a straw board installed in the memorial hall, etc., which was installed on May 10, 2012, the Defendant committed the crime of this case, and other clan members wanted to punish the Defendant.

However, the decision is delivered in consideration of the fact that the defendant has led to the confession of all of the crimes of this case and reflects against the defendant, even though it is not the endeavor of the defendant, the graves of this case have been restored by the efforts

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