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(영문) 의정부지방법원 2016.12.07 2016고단4239
분묘발굴유골손괴
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2014, the Defendant: (a) was a representative of the Do residents’ association organized by one household located in the Republic of Korea from the Yellow Sea-do; (b) sold the F land in Socheon-si owned by the Do residents’ association to E on KRW 1.64,00,000; and (c) established a charnel owned by the Do residents’ association, and then moved a grave located in the said land into the said charnel.

After the Defendant was delegated by the D Military Association with the authority to transfer the establishment of a charnel and the relocation of a grave, he received KRW 150 million from E in terms of the expenses for the creation of a charnel house and the relocation of a grave, and created a charnel house in Gin-si, in the name of the expenses for the relocation of a grave in the said land. In order to carry out the work of relocating a grave in the said land, the Defendant was able to obtain permission for relocation from the head of Sincheon-si, in the form of a yellow Sea newspaper, etc. and install a cemetery publication banner in the vicinity of the said land, and have the relatives voluntarily relocate a certain grave in the said land by installing a cemetery publication banner in the vicinity of the said land, or by requiring the relatives to voluntarily relocate the grave. In the course of carrying out the work of relocating a grave in the form of a grave in which the relatives did not contact or the relatives did not actively cooperate with the relocation of the grave.

Accordingly, around July 13, 2016, the Defendant visited the welfare administration team of the I-Eup office located in the J of Macheon-si on the part of the public official in charge of the Defendant, saying that the above grave is a non-reclaimed grave, and received permission for relocation, following the same year:

8.1. On January 1, 200, the deceased’s remains were extracted from the above land as shown in the list of crimes in the annexed list of crimes, such as a grave of M, managed by the victim L, and the body of the decedent and the funeral company were mobilized, and the deceased’s remains were buried in the above land.

Accordingly, the defendant excavated a grave and damaged its remains.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for N and K (public officials)

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