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(영문) 대전지방법원 공주지원 2019.07.16 2019고단194
분묘발굴
Text

A defendant shall be punished by imprisonment for one year.

However, 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

B around December 2016, when selling land to D for the purpose of developing a house in the public land owned by the clan, the public land owned by the clan was sold to D, and D transferred part of the land to E Association.

The defendant, as a clan member of the above clan, is in the situation where he was against F and his parents and G grandparents, who were the grandparents of F and his grandparents, and his father's graves, failed to comply with the terms and conditions of the land purchase and sale contract by March 25, 2019, while he was in general in charge of the funeral services for the ancestor of the above land, and the defendant is in the situation where he was unable to comply with the terms and conditions of the land purchase and sale contract by March 25, 2019.

When obtaining a certification of the purport of "," it had been tried to find three graves at will and remove them.

On April 8, 2019, the Defendant: (a) laid down the three graves of H, I, and J on land without obtaining permission from H, I, and J’s family heir from the above land; (b) laid away the remains of H, I, and J to K; and (c) laid down the remains of H, I, and J.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (a certified copy of the report and a document prepared in the G);

1. Application of Acts and subordinate statutes to photographs before and after grave excavation;

1. Article 160 of the Criminal Act as to the facts constituting the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant misleads the defendant, the fact that there is no criminal record for the same kind of crime, and the circumstances leading to the crime);

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