(영문) 수원지방법원 2015.01.15 2014노4692 | 리걸엔진

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(영문) 수원지방법원 2015.01.15 2014노4692

분묘발굴유골손괴등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The crime of this case is committed by the judgment of the court below in light of the following: (a) the defendant arbitrarily excavated another person's grave which does not have any connection with himself/herself in a planned way in order to wrongfully defraud the compensation from LH Corporation; (b) the method and motive of the crime are very poor; (c) the grave owner or manager who is the actual victim is unable to recover from damage; and (d) the crime is punished only by imprisonment with prison labor for not more than 10 years without a fine under the Criminal Act; (b) the crime of this case is committed; (c) the defendant is both led to the confession and rebuttal of the crime of this case; (d) the defendant returns all the compensation acquired by the victim LH Corporation in the trial; (e) the defendant has no particular criminal history in addition to the punishment of suspended sentence once in 1981; and (e) the defendant's health condition is not good; and (e) the punishment conditions for sentencing such as age, happiness environment, etc. of the defendant are considered to be unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as that stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 161(2) and (1) of the Criminal Act applicable to the relevant criminal facts of the crime (the occupation of remains to excavate seedlings), Article 347(1) of the Criminal Act, Article 93(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (the occupation of illegal receipt of compensation);

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

참조조문

-공익사업을 위한 토지 등의 취득 및 보상에 관한 법률 제93조 제1항

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