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(영문) 광주지방법원 2017.02.17 2016고단5318
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2015, the Defendant: (a) was a person with the right to share the public land in a reasonable-gu C Forest and Land; and (b) decided to sell the graves located in the said forest and land to D with the right to share the public land; (c) decided to remove the graves located in the said forest and land (hereinafter referred to as “instant graves”); and (d) decided to remove the soil and urns of the instant graves by using scrafs without the consent of E and F and G without the consent of E.

Accordingly, the defendant found a grave.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made to H in the police statement protocol;

1. Each report on investigation (the defendant and his defense counsel found the grave of this case by admitting the grave of this case as the defendant's parents or grandparents, so the defendant has no intention to commit the act of excavating the grave, and denies the facts charged.

However, in light of the following circumstances acknowledged by the evidence adopted and investigated by this court, the defendant was aware that the defendant could actually excavate another person's ancestor worship at the time of the excavation of the grave of this case.

As such, the defendant did not have any negligence.

Recognized.

① First, the grave of this case and the parents and grandparents of the Defendant may be distinguished from those of the Defendant to the extent that it is not difficult to make it difficult for the Defendant to grow a funeral (hereinafter referred to as “Defendant’s funeral”).

The funeral actually excavated by the defendant is the father of the instant grave and the father of the defendant (the father of I, who was adopted by the father of the defendant to the senior father of the defendant). When viewed as above on the basis of the grave of this case, the funeral of the defendant in a place less than 10 meters away from the left side, and the funeral of the defendant in a place less than 15 meters away from the right side of the grave of this case.

(b) The grave of this case and the defendant's portrait are different from the grave of 1 to 2.

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