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(영문) 울산지방법원 2013.09.06 2013고단547
분묘발굴사체손괴등
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

From around 1993, the Defendant received consent from the members of the family community organized by C and their relatives for the purpose of managing and sprinking for graves, and tried to excavate the graves of a ship located in Ulsan-gun D, Ulsan-do.

1. Burial, excavation, charnel, damage and destruction of graves;

A. On October 24, 2012, around 08:00, the Defendant employed a man-made funeral of C’s Chom F (GC) located in Ulsan-gun E Forest, Ulsan-gun, and excavated the remains recovered at that place by inserting them by inserting them by inserting them into a single-use gas burner, and then damaged them by spraying them in the vicinity.

B. At around 13:00 on October 24, 2012, the Defendant excavated and damaged C’s increased and damaged C’s grave located in H forest land in Ulsan-gun, Ulsan-gun, as described in the foregoing paragraph (1).

C. On October 25, 2012, around 08:00, the Defendant excavated and damaged C’s large marbane (M) graves located in K forest in Ulsan-gun, Ulsan-gun, as described in the foregoing paragraph 1.

At around 14:00 on October 25, 2012, the Defendant excavated and damaged C’s graves located in Nland of Ulsan-gun, Ulsan-gun, as described in the foregoing paragraph 1.

E. On October 28, 2012, around 08:00 on October 28, 2012, the Defendant excavated and damaged C’s tide Q’s graves located in Pland in Ulsan-gun Pland, Ulsan-gun, as described in the foregoing paragraph 1.

2. On October 27, 2012, around 08:00, the Defendant excavated the two graves of C’s high tide S, and the high tide VC, located in C’s grave site in Ulsan-gun, Ulsan-gun, and the high tide Mack-si, located in T’s grave site, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement of the police statement on W, X, andY;

1. A written statement concerning the seat of a grave to be prepared C;

1. Application of Acts and subordinate statutes of a family register, a certified copy, a certified transcript, a family register, a grave name group, a certified copy of the register, a forestry register, and a closed register

1. Article 161(2) and (1) of the Criminal Act (the point of each grave excavation, charnel, damage and destruction) concerning facts constituting an offense and Article 160 of the Criminal Act (the point of each grave excavation);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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