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(영문) 광주지방법원 순천지원 2015.01.13 2014고단1537
분묘발굴
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 17, 2010, the Defendant found 22 places where 22 of a tomb were moved to, pursuant to the “C Services” contracted with the former Military Service. Since around 2008, the Defendant tried to excavate 166 straws and 166 straws in the former Military E, which had been managed since 2008, and to remove 22 strings of a grave on the spot.

Therefore, around February 22, 2010, the Defendant discovered 166 cathers of D Management in the Jeonnam-gun E, Jeonnam-gun.

Summary of Evidence

The defendant's legal statement, the police's statement of D, and the application of field photograph statutes

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime;

2. The defense counsel asserts that the facts charged in this case constitute “when a final judgment is rendered” under Article 326 subparag. 1 of the Criminal Procedure Act, and that there is no evidence to deem that the remains of deceased F, the complainant of the instant unclaimed grave, were buried, and that it appears that it was excavated for a noble respect under the religious and customary cultivation of the body, and that there is already been punished for 201 in relation to the cremation of the remains found out of the grave, and that the defense counsel’s assertion on the defense counsel’s assertion should be acquitted, since the facts charged in this case constitute “when a final judgment is rendered” under Article 326 subparag. 1 of the Criminal Procedure Act.

According to subparagraph 1 of the evidence submitted by the defense counsel, the Defendant received a summary order of KRW 1 million on November 28, 201, which received a fine of KRW 1,00,000 from this court as a violation of the Funeral Services, etc. Act, and confirmed the summary order around that time.

However, the crime of the above summary order is subject to the "recretion of remains" from the grave after the completion of the excavation of the grave.

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