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(영문) 의정부지방법원 2015.08.11 2015고단334
분묘발굴
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2014, at around 10:00, the Defendant excavated a grave, such as destroying C’s graves located in Yasan-gun B located in Yasan-gun, Namnam-gun, and leaving the remains therein.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. The application of Acts and subordinate statutes to a report on investigation (Attachment of site photographs submitted by a complainant);

1. Article 160 of the Criminal Act applicable to the crimes;

1. The act of a defendant in the reason for sentencing under Article 62(1) of the Criminal Act, such as arbitrary cremation of a grave of another person, is not against public order and good morals.

However, a suspended sentence is decided by taking account of the circumstances such as the fact that the complainant does not want the punishment of the defendant, the defendant does not have the same criminal records, the defendant repents and reflects his mistake, and the motive for the crime of this case, etc. In addition, the defendant's age, character and conduct, the process and motive leading to the crime of this case, and the circumstances before and after the crime are taken into account, and all other circumstances constituting the conditions for sentencing as shown in the records and arguments of this case are considered as ordered as above.

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