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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
except that this judgment.
Reasons
1. The judgment of the court below against the defendants in summary of the grounds for appeal (the defendant A: imprisonment with prison labor for 8 months and the defendant B: 10 months) is too unreasonable.
2. Determination
A. The crime of this case, which is a common element of sentencing, is deemed to have been committed by the Defendants arbitrarily discovered graves of other persons that do not have any connection with them in a planned way to wrongfully defraud the compensation from LH Corporation, and cremation and recklessly thrown away their remains. The method and motive of the crime are very poor, for the grave owners or managers who are victims, it is not originally impossible to recover damage and for them are punished by imprisonment for not more than 10 years without fine under the Criminal Act. In light of the fact that the Criminal Act is punishable only by imprisonment with prison labor for not more than 10 years.
B. As to Defendant A, the Defendant excavated a total of three graves of deceased H and deceased noble persons, referring to G, and destroyed their remains.
However, in light of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as all of the sentencing conditions specified in the arguments and records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence, the court below's punishment against the defendant is too unreasonable.
C. As to Defendant B, the Defendant discovered a total of four graves of the O’s tide P and the deceased Q, and destroyed the remains. The O still sought punishment against the Defendant, and the compensation acquired by the Defendant was not returned to the present day, and the Defendant did not have any actual measures for recovery of damage. Although there was no previous conviction of the same kind, the Defendant had already committed other crimes, such as embezzlement.